A more recent version of these Default Judgments notes – written by Cambridge And Oxilp And College Of Law students – is available here.
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Service (Parts 6, 10, & 15) Default Under r.6.3 and 6.14 and 6.26 following methods of service are permitted : Method of Service (r.6.3) P78
CPR Rules (Part 6) Service P72
CPR (Part 10) Acknowledge ment of Service P83
CPR (Part 15) The Defence P84
Entering Judgment by default P87
Deemed Served Claim Form (r 6.14) P75
Deemed Date of Service other docs(r.6.26) P78 The second day after it was posted, left with, delivered to or collected by First class post &
the relevant service provider Document exchange provided that day is a business day. If not, the next business day after that day. 2 If it is delivered to or left at the Delivering it to or business permitted address on a business day leaving it at a days before 4:30pm, it is deemed to be permitted address regardles served on that day. If not, on the s of next business day after that day. method If it is transmitted on a business day Fax /
before 4:30pm, it is deemed to be E-mail /
served on that day. If not, on the Personal service next business day after that day on which it was transmitted. P79 What if a claim form is served marked 'particulars of claim to follow'. When must the particulars of claim be served? PD 7A, para 6.1 provides the following answer: Where the C does not include the PoC in the CF they may be served separately: (1) either at the same time as the claim form CF, or (2) within 14 days after service of the claim form provided that the service of the particulars of claim is within 4 months after the date of issue of the claim form.
? After being served with the particulars of claim D may r 10.3: Acknowledge service (in order to have more time to file defence) a. where D is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim + 1 day of service ; and b. in any other case, 14 days after service of the claim form. + 1 day of service Calculate 15 days in total as the day of deemed served is not included. Part 15(4) states that the general rule is that the period for filing a defence is: a. 14 days after service of the particulars of claim: or b. If the defendant files an acknowledgement of service under Part 10, 28 days after service of the particulars of claim The time for filing a defence may be extended by agreement between the parties for a period of up to 28 days and give the court written notice r.15.5. Any further extensions only authorised by the court Calculate 1 day extra as the day of deemed served is not included. Once the proceedings have been served upon the defendant, it may be that the defendant takes no action. The defendant may fail to return the acknowledgement of service or file a defence. In those circumstances, the claimant can obtain judgment in
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