Published: Wed, 07 Mar 2018
10. Responding to a Claim
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What does Halsbury’s say?
“When particulars of claim are served on a defendant, he may respond to the claim by: (1) filing or serving an admission; (2) filing a defence; (3) both filing or serving an admission and filing a defence, if he admits only part of the claim; or (4) filing an acknowledgment of service.
If the Defendant fails to respond by one these methods, then the Claimant may be entitled to have judgment by reason of such default. Where the alternative procedure for claims has been used by the Claimant, i.e. the procedure under CPR Pt 8 (the Part 8 procedure), the Defendant must file an acknowledgment of service.
A defendant may file an acknowledgment of service if he is unable to file a defence within the specified period or he wishes to dispute the Court’s jurisdiction. Where the Claimant uses the alternative procedure for claims, the provisions relating to the acknowledgment of service are modified. An acknowledgment of service must be signed by the Defendant or his legal representative and include the Defendant’s address for service. The defendant’s name must be set out in full. On receipt of an acknowledgment of service, the Court is required to notify the Claimant in writing. An acknowledgment of service may be amended or withdrawn only with the permission of the Court.”
Halsbury’s Laws of England, Practice and Procedure (Volume 37 (Reissue)
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