Q&As

When serving a Part 7 claim, does the response pack need to be served at the same time as the claim form? If so, what happens if the response pack is not served with the claim form? Does this either extend the time for acknowledgement of service for the defendant or is the claimant penalised?

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Published on LexisPSL on 25/02/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • When serving a Part 7 claim, does the response pack need to be served at the same time as the claim form? If so, what happens if the response pack is not served with the claim form? Does this either extend the time for acknowledgement of service for the defendant or is the claimant penalised?
  • When to serve a response pack
  • Failure to serve the response pack

When serving a Part 7 claim, does the response pack need to be served at the same time as the claim form? If so, what happens if the response pack is not served with the claim form? Does this either extend the time for acknowledgement of service for the defendant or is the claimant penalised?

When to serve a response pack

There is no requirement to serve the response pack with the claim form. The response pack must be served with the particulars of claim. Therefore, if the claim form sets out the particulars of claim, the response pack must be served at the same time as the claim form. This can be seen in CPR 7.8, which provides that when serving the particulars of claim on a defendant, the claimant must serve the following documents:

  1. a form for defending the claim

  2. a form for admitting the claim, and

  3. a form acknowledging service

These documents are collectively known as the response pack.

Failure to serve the response pack

While there is a requirement for the documents to be served on the defendant, there is no sanction in the CPR for the failure to do so. Nor is there any provision in the CPR setting out the impact that such a failure has on the defendant.

The failure to serve the response pack has been considered by the courts.

In Rushworth v

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