Responding to a claim - Time limits for responding

Learning Outcomes

This article outlines the critical time limits within which a defendant must respond once served with court proceedings. It explains the concept of deemed service under the Civil Procedure Rules (CPR), the initial response period, the effect of acknowledging service, and the potential consequences of failing to respond within the stipulated timeframes. Understanding these procedural rules is important for advising clients and managing litigation effectively, ensuring compliance and avoiding default judgments. This knowledge will enable you to apply the correct time limits in SQE1 scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the procedural steps and time limits for responding to a claim initiated under the Civil Procedure Rules (CPR). This involves calculating deadlines based on deemed service rules and advising on the consequences of compliance or non-compliance. A practical understanding of these timeframes is essential for case progression and avoiding procedural defaults.

As you work through this article, focus your revision on:

  • the methods for acknowledging service and filing a defence
  • the specific time limits for responding to a claim under the CPR
  • how to calculate deadlines, considering the rules on deemed service
  • the consequences of failing to respond within the prescribed time limits, including default judgment
  • the procedure and effect of extending time limits for response.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. A claim form and particulars of claim are deemed served on a defendant on Tuesday, 4th June. What is the last day for the defendant to file either an acknowledgment of service or a defence?
    1. Monday, 17th June
    2. Tuesday, 18th June
    3. Wednesday, 19th June
    4. Tuesday, 2nd July
  2. A defendant files an acknowledgment of service within the initial time limit after deemed service of the particulars of claim. What is the new deadline for filing a defence?
    1. 14 days after filing the acknowledgment of service
    2. 28 days after deemed service of the particulars of claim
    3. 28 days after filing the acknowledgment of service
    4. 14 days after deemed service of the particulars of claim
  3. What is the primary consequence if a defendant fails to file an acknowledgment of service or a defence within the relevant time limit?
    1. The claim is automatically struck out.
    2. The claimant may apply for judgment in default.
    3. The court will automatically extend the time limit.
    4. The defendant must attend an immediate hearing.

Introduction

Once a claimant has issued and served proceedings, the focus shifts to the defendant. The Civil Procedure Rules (CPR) impose strict time limits within which a defendant must formally respond to the claim. Failure to comply with these deadlines can have significant adverse consequences, most notably the claimant obtaining judgment without a trial (judgment in default). This article examines the calculation of these time limits and the procedural steps involved in responding.

Calculating Time Limits: Deemed Service

The starting point for calculating any response deadline is the date on which the particulars of claim are deemed to be served on the defendant. It is important not to confuse the date of issue or the date the documents were posted/delivered with the date of deemed service.

Key Term: Deemed Service
The date on which court rules provide that a document is considered legally served on a party, regardless of the actual date of receipt. This date triggers procedural time limits.

The rules for deemed service differ depending on the document type:

  • Claim Form (CPR 6.14): Deemed served on the second business day after the relevant step (e.g., posting, personal service, electronic transmission) is completed. 'Business day' excludes weekends and bank holidays.
  • Other Documents (including Particulars of Claim served separately) (CPR 6.26): The rules are more detailed. For documents served by first-class post or DX, service is deemed on the second day after posting/leaving with the provider, provided it's a business day; otherwise, it's the next business day. For personal service, delivery before 4:30 p.m. on a business day means deemed service that day; otherwise, it's the next business day. Similar 4:30 p.m. rules apply for fax and electronic service.

Key Term: Clear Days (CPR 2.8)
When calculating a period expressed as a number of clear days, the day the period begins and (if the period ends by reference to an event) the day of that event are not included. For periods of 5 days or less, weekends and bank holidays are also excluded.

The Initial Response Period

Once the particulars of claim are deemed served, the defendant must take action. CPR 15.4 states that the general rule is that the period for filing a defence is 14 days after deemed service of the particulars of claim.

Within this 14-day period, the defendant has three main options:

  1. File an Admission (CPR Part 14): Admit the whole or part of the claim.
  2. File a Defence (CPR Part 15): Set out the grounds for disputing the claim.
  3. File an Acknowledgment of Service (CPR Part 10): Indicate an intention to defend the claim.

Extending Time: Acknowledgment of Service

Filing an acknowledgment of service is a key procedural step if the defendant intends to defend the claim but requires more than the initial 14 days to prepare their defence.

Key Term: Acknowledgment of Service
A formal response filed by the defendant indicating receipt of the claim and their intention (usually to defend all or part of the claim, or contest jurisdiction).

Under CPR 10.3(1)(b), if the defendant files an acknowledgment of service within 14 days of deemed service of the particulars of claim, the time limit for filing the defence is extended. The new deadline becomes 28 days after deemed service of the particulars of claim (CPR 15.4(1)(b)).

Worked Example 1.1

Particulars of Claim are deemed served on David on Wednesday, 5th March. David intends to defend the claim but needs more time to investigate.

Question: What is the deadline for David to file an acknowledgment of service, and if he does so, what is the subsequent deadline for filing his defence?

Answer: The initial deadline to file either an acknowledgment of service or a defence is 14 days after 5th March. Counting 14 clear days (excluding 5th March) gives a deadline of Wednesday, 19th March. If David files an acknowledgment of service by 19th March, the deadline for filing the defence is extended to 28 days after deemed service of the particulars of claim (i.e., 28 days after 5th March). Counting 28 clear days gives a new deadline of Wednesday, 2nd April.

Further Extensions of Time

Beyond the automatic extension provided by filing an acknowledgment of service, further extensions for filing a defence require either agreement between the parties or a court order.

  • Agreement: The parties can agree in writing to extend the period for filing a defence by up to 28 days (CPR 15.5(1)). The defendant must notify the court in writing of this agreement (CPR 15.5(2)). This means the maximum time achievable by agreement (including the initial 28 days after acknowledging service) is 56 days from deemed service of the particulars of claim.
  • Court Order: For any extension beyond 28 days by agreement, or if the parties cannot agree, the defendant must apply to the court for an extension of time under its general case management powers (CPR 3.1(2)(a)).

Consequences of Failure to Respond: Default Judgment

If a defendant fails to file an admission, acknowledgment of service, or defence within the prescribed time limits (either the initial 14 days or the extended 28 days), the claimant may apply to the court for judgment in default under CPR Part 12.

Key Term: Judgment in Default
A judgment entered against a defendant who has failed to respond to a claim (by filing an admission, defence, or acknowledgment of service) within the time limits set by the CPR.

This means the claimant can win the case without a trial based solely on the defendant's failure to engage with the proceedings procedurally. The process for obtaining default judgment and the possibilities for setting it aside are critical but fall outside the scope of this specific article on time limits. The key takeaway here is that missing the response deadline opens the door for the claimant to obtain default judgment.

Exam Warning

Always calculate deadlines precisely using the deemed service date of the particulars of claim as the starting point. Remember the difference between the 14-day initial period and the 28-day period triggered by filing an acknowledgment of service. Miscalculating these deadlines can lead to default judgment. Also, be mindful of the 'clear days' rule and how weekends/bank holidays affect calculations, especially for shorter periods (though less relevant for the 14/28 day rules).

Worked Example 1.2

A claim form and particulars of claim are sent by first-class post on Friday, 7th July. Assume no bank holidays.

Question: When is the claim form deemed served? When are the particulars of claim deemed served? What is the deadline for the defendant to file an acknowledgment of service? If they do, what is the deadline for the defence?

Answer: > Claim Form Deemed Service (CPR 6.14): The relevant step (posting) occurred on Friday, 7th July. The second business day after this is Tuesday, 11th July. The claim form is deemed served on Tuesday, 11th July. Particulars of Claim Deemed Service (CPR 6.26): Served with the claim form, so the same deemed service rule applies as for 'other documents'. Posted Friday 7th July. The second day after posting is Sunday 9th July. As this is not a business day, deemed service rolls to the next business day, Monday, 10th July. Acknowledgment of Service Deadline: 14 days after deemed service of particulars (10th July). 14 clear days after 10th July is Monday, 24th July. Defence Deadline (if AoS filed): 28 days after deemed service of particulars (10th July). 28 clear days after 10th July is Monday, 7th August.

Note: This example highlights the potential confusion between CPR 6.14 and 6.26 when documents are served together. CPR 7.4(1) states particulars must be served with or after the claim form. Case law suggests that when served together, the particulars are deemed served at the same time as the claim form (using CPR 6.14 rules). However, for exam purposes, understanding both rules and calculating based on the particulars' deemed service (CPR 6.26) is important, as shown above. Always check the specific facts provided in an exam scenario.

Key Point Checklist

This article has covered the following key knowledge points:

  • Responding to a claim requires adherence to strict CPR time limits, starting from the deemed service date of the particulars of claim.
  • The initial period for filing an admission, defence, or acknowledgment of service is 14 days after deemed service of the particulars of claim.
  • Filing an acknowledgment of service extends the time for filing a defence to 28 days after deemed service of the particulars of claim.
  • Deemed service rules differ for claim forms (CPR 6.14 - second business day) and other documents like particulars of claim served separately (CPR 6.26 - often second day, check business day rule).
  • Further extensions require agreement (up to 28 extra days, court notification needed) or a court order.
  • Failure to respond within the time limits allows the claimant to apply for judgment in default.

Key Terms and Concepts

  • Deemed Service
  • Clear Days (CPR 2.8)
  • Acknowledgment of Service
  • Judgment in Default
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