After a claim has been served—issues for the defendant
After a claim has been served—issues for the defendant

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • After a claim has been served—issues for the defendant
  • Action following service of a claim
  • Timing
  • Proper service
  • Identity of the defendant
  • Limitation
  • Jurisdiction
  • Preparing defence
  • Additional claims/parties
  • Multiple defendants
  • More...

Action following service of a claim

A claim may commenced under CPR 7 (on which see Practice Notes: Claim form—the contents, Claim form—filing and issuing and Drafting the particulars of claim and reply) or CPR 8 (on which see Practice Note: CPR Part 8 claims (alternative procedure for claims)).

CPR 9.2 provides that when particulars of claim are served on a defendant, the defendant may:

  1. file or serve an admission in accordance with CPR 14

  2. file a defence in accordance with CPR 15, or

  3. file an acknowledgement of service in accordance with CPR 10

A defendant may also wish to consider if it is appropriate to apply for summary judgment or to strike out the claim—see: Summary judgment or strike out.

Where parties have followed a pre-action protocol or exchanged pre-action correspondence, the defendant has a chance to consider and prepare its response to the claim (see Practice Notes: The pre-action protocols and when they apply, Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols and Responding to a letter of claim—a practical guide). Otherwise, the arrival of a claim form can come as a surprise to the defendant and force it to consider a number of issues quickly.

Timing

Calculate the deadline for responding to the claim, including the date the defendant is deemed to have received the claim. The time for filing a defence can be extended

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