Q&As

How can a party request more time to submit a defence in a fast track claim so that they can obtain legal advice? Can they agree an extension with the other side and how long can this be for? The acknowledgment of service has been sent. There are no solicitors on the record.

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Produced in partnership with Ryan Turner of Lamb Chambers
Published on LexisPSL on 21/06/2019

The following Dispute Resolution Q&A produced in partnership with Ryan Turner of Lamb Chambers provides comprehensive and up to date legal information covering:

  • How can a party request more time to submit a defence in a fast track claim so that they can obtain legal advice? Can they agree an extension with the other side and how long can this be for? The acknowledgment of service has been sent. There are no solicitors on the record.

Pursuant to CPR 15.4, a party is required to file a defence 14 days after deemed service of the particulars of claim or, if an acknowledgment of service is filed, 28 days after deemed service of the particulars of claim. If a defendant does not think that it will be able to file and serve its defence within the above deadlines, the defendant is entitled to agree an extension of time with the claimant of up to 28 days pursuant to CPR 15.5. Save for the situation where the parties agree to stay the substantive proceedings, in accordance with the general rule, 56 days from the date of service of the parti

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