Part 9 – Acknowledgment of Service and Notice of Intention to Defend

Scope of this Part

9.1

1. This Part deals with the procedure to be used by a defendant who wishes to contest proceedings and avoid a default judgment being entered.
   • Part 12 deals with default judgments.
2. The defendant does so –
   1. by filing –
      1. a defence in accordance with Part 10; and
      2. an acknowledgment of service in Form 3 or 4 containing a notice of intention to defend within the time limit under rule 9.3;or
   2. by filing a defence in accordance with Part 10 within the time limit under rule 9.3.
3. The filing of an acknowledgment of service is to be treated as the entry of an appearance for the purpose of any enactment referring to the entry of such an appearance.
   • Part 14 deals with the case where the defendant wishes to admit all or part of the claim and enables the defendant to make an offer as to the time and rate of payment.

Filing acknowledgment of service and consequence of not doing so                           

9.2

1. A defendant who wishes to –
   1. dispute the claim; or
   2. dispute the court’s jurisdiction; must file at the court office at which the claim form was issued an acknowledgment of service in Form 4 or 4(A) containing a notice of intention to defend.
2. A defendant files an acknowledgment of service by completing the form of acknowledgment of service and handing it in at, or sending it by post or FAX to the court office.
3. An acknowledgment of service has no effect until it is received at the court office.
4. A defendant need not file an acknowledgment of service if a defence is filed within the period specified in rule 9.3.
5. If a defendant fails to file an acknowledgement of service or a defence, judgment may be entered if Part 12 allows it.

The period for filing acknowledgment of service

9.3

1. The general rule is that the period for filing an acknowledgment of service is the period of 14 days after the date of service of the claim form.
2. If a claim form is issued in one Member State, Territory or circuit and served in another the period is 28 days after the date of service of the claim form.
3. If permission has been given under rule 8.2 for a claim form to be served without a statement of claim, the period for filing an acknowledgment of service is to be calculated from the date when the statement of claim is served.
4. A defendant may file an acknowledgment of service at any time before  a request for default judgment is received at the court office out of which the claim form was issued.
5. Paragraph (1) does not apply where the claim is served –
   1. outside the jurisdiction in accordance with Part 7; or
   2. on an agent of an overseas principal under rule 5.17.
      • Rules 7.5(2) and 5.17(4) deal with the time for filing an acknowledgment of service in those cases.
      • Rule 59.3 makes special provision for extending the time for the Crown to acknowledge service.

Notice to claimant of filing of acknowledgment of service

9.4

1. The court office must forthwith notify the claimant in writing that an acknowledgment of service has been filed.
2. A copy of the acknowledgment of service must be annexed to the notice.

Contents of acknowledgment of service

9.5

1. A defendant acknowledging service –
   1. may state in the acknowledgment of service that all or part of the claim is admitted;
   2. must state in the acknowledgment of service the date on which the defendant received the claim form;
   3. who admits all or part of a claim for a specified sum of money – may file with the      acknowledgment of service –
      1. details of the defendant’s financial circumstances; and
      2. proposals for payment of any sums admitted;
   4. who admits part of the claim under paragraph (a) – must state the amount admitted.
      • Part 14 deals with the way in which proposals referred to in this paragraph are decided.
2. A defendant who admits part of the claim must also file a defence as to the disputed part of the claim within the time for filing a defence.
   • Rule 10.3 sets out the time far filing a defence.
3. The defendant or the defendant’s legal practitioner must sign the acknowledgment of service.
4. The defendant must include in the acknowledgment of service an address for service within the jurisdiction to which documents may be sent.

Right to dispute jurisdiction of court not taken away by acknowledgment of service

9.6

1. A defendant who files an acknowledgment of service does not by doing so lose any right to dispute the court’s jurisdiction.

Procedure for disputing court’s jurisdiction

9.7

1. A defendant who disputes the court’s jurisdiction to try the claim may apply to the court for a declaration to that effect.
2. A defendant who wishes to make an application under paragraph (1) must first file an acknowledgement of service.
3. An application under paragraph (1) of this Rule muse be made within the period for filing a defence; the period for making an application under this Rule includes any period by which the time for filing a defence has been extended where the court has made an order, or the parties have agreed, to extend the time for filing a defence.
   • Rule 10.3 sets out the period for filing a defence.
4. An application under this Rule must be supported by evidence on affidavit.
5. A defendant who –
   1. files an acknowledgement of service; and
   2. does not make an application under this Rule within the period for filing a defence, is treated as having accepted that the court has jurisdiction to try the claim.
6. An order under this Rule may also –
   1. discharge an order made before the claim was commenced or the claim form served;
   2. set aside service of the claim form; and
   3. strike out a statement of claim.
7. If on application under this Rule the court does not make a declaration, it –
   1. may –
      1. fix a date for a case management conference; or
      2. treat the hearing of the application as a case management conference; and
   2. must make an order as to the period for filing a defence.
      • Part 26 sets out powers which the court may exercise at a case management conference.
8. Where a defendant makes an application under this Rule, the period for filing a defence is extended until the time specified by the court under paragraph (7) (b) and such period may be extended only by an order of the court.
9. Rule 10.3(4) deals with an application to stay proceedings where there is a binding agreement to arbitrate.

Procedure for applying for a stay etc. where defendant served out of jurisdiction

9.7A

1. A defendant who contends that the court should not exercise its jurisdiction in respect of any proceedings may apply to the court for a stay and a declaration to that effect.
2. A defendant who wishes to make an application under this paragraph 1 must first file an acknowledgment of service if he has not previously done so.
3. An application under paragraph (1) of this Rule may be made at any time.
4. An application under this Rule must be supported by evidence on affidavit.
5. If on application under this Rule the court does not make a declaration, it –
   1. may –
      1. fix a date for a case management conference; or
      2. treat the hearing of the application as a case management conference; and
   2. must make an order as to the period for filing a defence if none has yet been filed.
      • Part 26 sets out powers which the court may exercise at a case management conference.
6. Where a defendant makes an application under this Rule, the period for filing a defence (where none has yet been filed) is extended until the time specified by the court under paragraph (5)(b) and such period may be extended only by an order of the court.
   • Rule 10.3(4) deals with an application to stay proceedings where there