The Civil Procedure Rules 1998

[F1Period for responding to the claim form where permission was not required for serviceE+W

6.35.—(1) This rule sets out the period for—

(a)filing an acknowledgment of service;

(b)filing an admission; or

(c)filing a defence,

where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.

(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.)

Service of the claim form on a defendant in Scotland or Northern Ireland

(2) Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—

(a)for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; or

(b)for filing a defence is—

(i)21 days after service of the particulars of claim; or

(ii)where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)

Service of the claim form on a defendant in a Convention territory within Europe or a Member State

(3) Where the claimant serves the claim form on a defendant in a Convention territory within Europe or a Member State under rule 6.33, the period—

(a)for filing an acknowledgment of service or admission, is 21 days after service of the particulars of claim; or

(b)for filing a defence is—

(i)21 days after service of the particulars of claim; or

(ii)where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

Service of the claim form on a defendant in a Convention territory outside Europe

(4) Where the claimant serves the claim form on a defendant in a Convention territory outside Europe under rule 6.33, the period—

(a)for filing an acknowledgment of service or admission, is 31 days after service of the particulars of claim; or

(b)for filing a defence is—

(i)31 days after service of the particulars of claim; or

(ii)where the defendant files an acknowledgment of service, 45 days after service of the particulars of claim.

Service on a defendant elsewhere

(5) Where the claimant serves the claim form under rule 6.33 in a country not referred to in paragraph (3) or (4), the period for responding to the claim form is set out in [F2Practice Direction 6B].]

Textual Amendments