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Civil Litigation Notes

8 Acknowledgement Of Service, Defences, Replies, Counterclaims Notes

Updated 8 Acknowledgement Of Service, Defences, Replies, Counterclaims Notes

Civil Litigation Notes

Civil Litigation

Approximately 50 pages

Are you preparing for the Civil Litigation Paper 2 exam? Struggling to navigate through the labyrinth of Civil Procedure Rules while under time constraints? This index is structured around the key Syllabus Areas outlined by the BSB, ensuring that you have quick access to all the examinable materials instead of frantically flipping through pages during the exam.

I recommend printing these indexes onto sticky notes, and affixing them to your White Book.

These notes are not intended to replac...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

8 – Acknowledgement of service, defences, replies, counterclaims

SYLLABUS AREA 8: STATEMENTS OF CASE
2. Acknowledgement of service, defences, replies, counterclaims Acknowledgement of service CPR r 10.1

Consequence of not filing an acknowledgement of service

  • Default judgment

CPR r 10.2

The period for filing an acknowledgement of service

  • 14 days after service of POC/claim form.

CPR r 10.3
Defending the claim
Contents of defence CPR r 16.5; PD 16 paragraphs 9 – 12.
Matters which must be included in the defence

The effects of failing to deal with an allegation

  • Failure to deal with an allegation: Taken to admit that allegation.

Statement of truth
Defence of set-off CPR r 16.6
Reply to defence CPR r 16.7

Court’s power to dispense with statements of case

  • If a claim form has been issued & served, the court may make an order that the claim will continue without any other statements of case.

CPR r 16.8
Part not to apply where claimant uses Part 8 procedure CPR r 15.1
Filing a defence CPR r 15.2

Consequence of not filing a defence

  • C can apply for default judgment.

CPR r 15.3

Period for filing a defence

  • 14 days after service of POC

  • 28 days after service of POC if the defendant files an acknowledgment of service.

CPR r 15.4

Agreement extending the period for filing a defence

  • Parties may agree to extend the time for serving a defence, but any agreement can be for only a maximum of a further 28 days.

  • Must notify the court in writing of the agreed extension.

CPR r 15.5
Service of copy of defence CPR r 15.6
Making a counterclaim CPR r 15.7

Reply to defence

  • No obligation to do so; but if C does want to serve a Reply, to narrow the issues or to assert an affirmative answer to the Defence, C must do so at the same time as filing and serving the...

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