Responding to a claim - Time limits for responding

Learning Outcomes

This article outlines the critical time limits within which a defendant must respond once served with court proceedings. It explains the concept of deemed service under the Civil Procedure Rules (CPR), the initial response period, the effect of acknowledging service, and the potential consequences of failing to respond within the stipulated timeframes. Understanding these procedural rules is important for advising clients and managing litigation effectively, ensuring compliance and avoiding default judgments. This knowledge will enable you to apply the correct time limits in SQE1 scenarios. In particular, you should be able to identify the date of deemed service for claim documents under different service methods; calculate the deadlines for acknowledgment of service and defence, including how the ‘clear days’ rule operates; understand the automatic 28‑day defence extension triggered by a timely acknowledgment of service; advise on consensual extensions under CPR 15.5 and applications to the court for longer periods; and recognise when default judgment is available and the limits on obtaining it. You should also appreciate practical nuances such as the correct starting point being the particulars of claim deemed service date, how weekends and bank holidays affect deemed service, and how jurisdiction challenges interact with response deadlines.

SQE1 Syllabus

For SQE1, you are required to understand the procedural steps and time limits for responding to a claim initiated under the Civil Procedure Rules (CPR). This involves calculating deadlines based on deemed service rules and advising on the consequences of compliance or non-compliance. A practical understanding of these timeframes is essential for case progression and avoiding procedural defaults, with a focus on the following syllabus points:

• the methods for acknowledging service and filing a defence
• the specific time limits for responding to a claim under the CPR
• how to calculate deadlines, considering the rules on deemed service
• the consequences of failing to respond within the prescribed time limits, including default judgment
• the procedure and effect of extending time limits for response
• the distinction between specified and unspecified claims when default judgment is sought and how this affects post-judgment steps
• the interaction between acknowledgment of service and applications to dispute the court’s jurisdiction.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. A claim form and particulars of claim are deemed served on a defendant on Tuesday, 4th June. What is the last day for the defendant to file either an acknowledgment of service or a defence?
   1. Monday, 17th June
   2. Tuesday, 18th June
   3. Wednesday, 19th June
   4. Tuesday, 2nd July
2. A defendant files an acknowledgment of service within the initial time limit after deemed service of the particulars of claim. What is the new deadline for filing a defence?
   1. 14 days after filing the acknowledgment of service
   2. 28 days after deemed service of the particulars of claim
   3. 28 days after filing the acknowledgment of service
   4. 14 days after deemed service of the particulars of claim
3. What is the primary consequence if a defendant fails to file an acknowledgment of service or a defence within the relevant time limit?
   1. The claim is automatically struck out.
   2. The claimant may apply for judgment in default.
   3. The court will automatically extend the time limit.
   4. The defendant must attend an immediate hearing.

Introduction

Once a claimant has issued and served proceedings, the focus shifts to the defendant. The Civil Procedure Rules (CPR) impose strict time limits within which a defendant must formally respond to the claim. Failure to comply with these deadlines can have significant adverse consequences, most notably the claimant obtaining judgment without a trial (judgment in default). This article examines the calculation of these time limits and the procedural steps involved in responding.

When the claim form states that the particulars of claim will follow, the defendant need not respond until the particulars are served. The court serves a response pack with the claim form, which includes options for admitting the claim, indicating an intention to defend (acknowledgment of service), or filing a defence and any counterclaim. The correct choice often depends on the complexity of the issues, the time needed to prepare, and whether jurisdiction is contested.

Calculating Time Limits: Deemed Service

The starting point for calculating any response deadline is the date on which the particulars of claim are deemed to be served on the defendant. It is important not to confuse the date of issue or the date the documents were posted/delivered with the date of deemed service.

Key Term: Deemed Service
The date on which court rules provide that a document is considered legally served on a party, regardless of the actual date of receipt. This date triggers procedural time limits.

The rules for deemed service differ depending on the document type:

• Claim Form (CPR 6.14): Deemed served on the second business day after the relevant step (e.g., posting, personal service, electronic transmission) is completed. ‘Business day’ excludes Saturdays, Sundays, Christmas Day, Good Friday and bank holidays.
• Other Documents (including Particulars of Claim served separately) (CPR 6.26): The rules are more detailed. For documents served by first-class post or DX, service is deemed on the second day after posting/leaving with the provider, provided it is a business day; otherwise, it is the next business day. For personal service, delivery before 4:30 p.m. on a business day means deemed service that day; otherwise, it is the next business day. The same 4:30 p.m. cut-off applies for fax and other electronic service (if the recipient has agreed to electronic service).

The date of deemed service is important because the 14‑day initial period for acknowledgment of service or defence runs from the deemed service of the particulars of claim. Even if the claim form was deemed served later than the particulars when served together, the time for response still anchors to the particulars of claim deemed service date.

It is also important to distinguish deemed service from the “relevant step” required under CPR 7.5 to serve a claim form within its validity period (four months from issue inside the jurisdiction). The relevant step must be taken by midnight on the calendar day four months after issue, but that step’s date does not necessarily coincide with deemed service. Response deadlines are always calculated from deemed service, not the date the relevant step was completed.

Key Term: Clear Days (CPR 2.8)
When calculating a period expressed as a number of clear days, the day the period begins and (if the period ends by reference to an event) the day of that event are not included. For periods of 5 days or less, weekends and bank holidays are also excluded.

Practical points when calculating:

• For periods longer than 5 days (e.g., 14 or 28 days), weekends and bank holidays count as days in the period, but if the last day is a day when the court office is closed, the time limit is extended to the next day when the court office is open.
• If the particulars of claim are served after 4:30 p.m. electronically or by fax on a business day, deemed service will be the next business day under CPR 6.26.
• Where claim form and particulars are served together, the claim form’s deemed service (CPR 6.14) may fall on a different day from the particulars’ deemed service (CPR 6.26). For time limits to respond, use the particulars of claim deemed service date.

Practical tip: Always start your calculation from the particulars of claim deemed service date. Confirm the service method and the time-of-day it was effected to apply the correct deemed service rule.

The Initial Response Period

Once the particulars of claim are deemed served, the defendant must take action. CPR 15.4 states that the general rule is that the period for filing a defence is 14 days after deemed service of the particulars of claim.

Within this 14‑day period, the defendant has three main options:

1. File an Admission (CPR Part 14): Admit the whole or part of the claim. In specified money claims, the defendant may propose time to pay and must give financial details; in unspecified claims, an admission of liability typically leads to a disposal hearing so the court can assess damages.
2. File a Defence (CPR Part 15): Set out the grounds for disputing the claim, responding to each allegation in the particulars of claim with admissions, denials (with reasons), or non‑admissions requiring proof.
3. File an Acknowledgment of Service (CPR Part 10): Indicate receipt of the claim and an intention to defend (in whole or in part), or to contest jurisdiction. Filing a timely acknowledgment of service extends the deadline for the defence as explained below.

The response pack (Form N9) served with the claim form includes the admission forms and defence/counterclaim forms appropriate to specified or unspecified claims, and an acknowledgment of service form. The acknowledgment must be filed at the court where the claim was issued and, once received, the court will notify the claimant.

If only a claim form has been served, stating that particulars of claim will follow, the defendant need take no step until the particulars of claim are served. The claimant must serve particulars either with the claim form or within 14 days after service of the claim form (subject to the overall four‑month validity from issue for service within the jurisdiction).

Extending Time: Acknowledgment of Service

Filing an acknowledgment of service is a key procedural step if the defendant intends to defend the claim but requires more than the initial 14 days to prepare their defence.

Key Term: Acknowledgment of Service
A formal response filed by the defendant indicating receipt of the claim and their intention (usually to defend all or part of the claim, or contest jurisdiction).

Under CPR 10.3(1)(b), if the defendant files an acknowledgment of service within 14 days of deemed service of the particulars of claim, the time limit for filing the defence is extended. The new deadline becomes 28 days after deemed service of the particulars of claim (CPR 15.4(1)(b)).

The acknowledgment of service form also allows the defendant to indicate an intention to contest jurisdiction under CPR Part 11. A defendant who intends to dispute jurisdiction must first file an acknowledgment of service within the 14‑day window and then make the jurisdiction application, supported by evidence, within 14 days thereafter. If the court refuses the application, the defendant’s initial acknowledgment may cease to have effect, and the court will give directions about filing any further acknowledgment or defence. Failing to make a prompt jurisdiction application risks the claimant moving for default judgment.

Worked Example 1.1

Particulars of Claim are deemed served on David on Wednesday, 5th March. David intends to defend the claim but needs more time to investigate.

Question: What is the deadline for David to file an acknowledgment of service, and if he does so, what is the subsequent deadline for filing his defence?

Answer:
The initial deadline to file either an acknowledgment of service or a defence is 14 days after 5th March. Counting 14 clear days (excluding 5th March) gives a deadline of Wednesday, 19th March. If David files an acknowledgment of service by 19th March, the deadline for filing the defence is extended to 28 days after deemed service of the particulars of claim (i.e., 28 days after 5th March). Counting 28 clear days gives a new deadline of Wednesday, 2nd April.

Further Extensions of Time

Beyond the automatic extension provided by filing an acknowledgment of service, further extensions for filing a defence require either agreement between the parties or a court order.

• Agreement: The parties can agree in writing to extend the period for filing a defence by up to 28 days (CPR 15.5(1)). In practice, this consensual extension is usually used where the defendant has already filed an acknowledgment of service, making the total period for the defence up to 56 days from deemed service of the particulars of claim. The defendant must notify the court in writing of the agreement (CPR 15.5(2)). A late acknowledgment does not automatically extend time; the extension by agreement must be reached before the defence deadline expires.
• Court Order: For any extension beyond 28 days by agreement, or if the parties cannot agree, the defendant must apply to the court for an extension of time under its general case management powers (CPR 3.1(2)(a)). The court will consider the reasons for needing more time, including any issues with pre-action compliance or the complexity of the case, and may impose conditions.

If the defence is filed late without a valid extension, the claimant may request default judgment. The defendant can seek relief from sanctions if default judgment has not been entered and the breach is neither serious nor significant, but promptness and reasons for default will be considered. Once default judgment is entered, setting it aside is governed by CPR Part 13 and specific criteria (outlined below).

Consequences of Failure to Respond: Default Judgment

If a defendant fails to file an admission, acknowledgment of service, or defence within the prescribed time limits (either the initial 14 days or the extended 28 days), the claimant may apply to the court for judgment in default under CPR Part 12.

Key Term: Judgment in Default
A judgment entered against a defendant who has failed to respond to a claim (by filing an admission, defence, or acknowledgment of service) within the time limits set by the CPR.

There are limits on obtaining default judgment. It is not available:

• for a claim for delivery of goods under an agreement regulated by the Consumer Credit Act 1974
• where the claimant has used the Part 8 procedure (alternative procedure for claims)
• where a practice direction otherwise precludes default judgment.

In specified money claims, the claimant must include interest details: the date payment was due, interest accrued to the date of judgment, and the daily rate thereafter. In unspecified claims, default judgment is entered for “damages to be assessed” and the court will list the case for a disposal hearing to determine quantum.

Setting aside judgment in default (CPR Part 13):

• Mandatory (CPR 13.2): The court must set aside a default judgment wrongly entered (e.g., entered before the time for acknowledgment of service/defence expired), or where the whole claim was satisfied before judgment was entered.
• Discretionary (CPR 13.3): The court may set aside where the defendant has a real prospect of successfully defending the claim, or there is some other good reason for setting aside or allowing the defendant to defend the claim. The court will also consider whether the application was made promptly. Conditions can be attached (e.g., payment into court).

Exam Warning

Always calculate deadlines precisely using the deemed service date of the particulars of claim as the starting point. Remember the difference between the 14-day initial period and the 28-day period triggered by filing an acknowledgment of service. Miscalculating these deadlines can lead to default judgment. Also, be mindful of the 'clear days' rule and how weekends/bank holidays affect calculations, especially for shorter periods (though less relevant for the 14/28 day rules). For service effected after 4:30 p.m. electronically or by fax, deemed service is the next business day; for claim forms, deemed service is always the second business day after the relevant step.

Worked Example 1.2

A claim form and particulars of claim are sent by first-class post on Friday, 7th July. Assume no bank holidays.

Question: When is the claim form deemed served? When are the particulars of claim deemed served? What is the deadline for the defendant to file an acknowledgment of service? If they do, what is the deadline for the defence?

Answer:
Claim Form Deemed Service (CPR 6.14): The relevant step (posting) occurred on Friday, 7th July. The second business day after this is Tuesday, 11th July. The claim form is deemed served on Tuesday, 11th July. Particulars of Claim Deemed Service (CPR 6.26): Served with the claim form, so the same deemed service rule applies as for 'other documents'. Posted Friday 7th July. The second day after posting is Sunday 9th July. As this is not a business day, deemed service rolls to the next business day, Monday, 10th July. Acknowledgment of Service Deadline: 14 days after deemed service of particulars (10th July). 14 clear days after 10th July is Monday, 24th July. Defence Deadline (if AoS filed): 28 days after deemed service of particulars (10th July). 28 clear days after 10th July is Monday, 7th August.

Note: This example highlights the potential confusion between CPR 6.14 and 6.26 when documents are served together. CPR 7.4(1) states particulars must be served with or after the claim form. Case law suggests that when served together, the particulars are deemed served at the same time as the claim form (using CPR 6.14 rules). However, for exam purposes, understanding both rules and calculating based on the particulars' deemed service (CPR 6.26) is important, as shown above. Always check the specific facts provided in an exam scenario.

Worked Example 1.3

The particulars of claim are emailed (with prior consent to electronic service) at 4:31 p.m. on Thursday, 12th October. There is a bank holiday on Monday, 16th October.

Question: What is the deemed service date for the particulars of claim? What are the deadlines for acknowledgment of service and for defence if an acknowledgment is filed?

Answer:
Under CPR 6.26, for “other electronic methods,” if sent on a business day after 4:30 p.m., deemed service is the next business day. The email at 4:31 p.m. on Thursday, 12th October is deemed served on Friday, 13th October. The 14‑day period for acknowledgment runs from Friday, 13th October; counting 14 clear days gives Thursday, 27th October. The bank holiday on Monday does not alter the 14‑day computation for periods longer than 5 days. If an acknowledgment is filed in time, the defence is due 28 days after deemed service, i.e., Friday, 10th November.

Worked Example 1.4

Two defendants are served on different days. Defendant A’s particulars of claim are deemed served on Tuesday, 6th February. Defendant B’s particulars of claim are deemed served on Friday, 9th February.

Question: What are the respective deadlines for acknowledgment of service and defence (assuming each files an acknowledgment)?

Answer:
Defendant A: Acknowledgment due 14 days after 6th February, i.e., Tuesday, 20th February; defence due 28 days after 6th February, i.e., Tuesday, 5th March. Defendant B: Acknowledgment due 14 days after 9th February, i.e., Friday, 23rd February; defence due 28 days after 9th February, i.e., Friday, 8th March. Deadlines are calculated separately per defendant, based on each defendant’s particulars of claim deemed service date.

Worked Example 1.5

A defendant files an acknowledgment of service on day 10 indicating an intention to contest jurisdiction. They then delay and only issue the Part 11 application on day 20.

Question: What is the risk in this scenario, and how should the defendant proceed to avoid default judgment?

Answer:
CPR requires a defendant who intends to dispute jurisdiction to file an acknowledgment of service within 14 days and then make the application within 14 days thereafter. Filing the application on day 20 risks the claimant seeking default judgment if no defence is filed by day 28 and no timely jurisdiction application is before the court. The defendant should issue the Part 11 application within 14 days of the acknowledgment, supported by evidence. If the application is refused, the court will give directions for filing any further acknowledgment/defence, but promptness is important to avoid default.

Worked Example 1.6

The particulars of claim are deemed served on Monday, 3rd April. The defendant files an acknowledgment of service within 14 days and the parties agree (and notify the court) to extend the defence deadline by 28 days under CPR 15.5.

Question: What is the final deadline for the defence?

Answer:
Filing the acknowledgment extends the defence deadline to 28 days after 3rd April, i.e., Monday, 1st May. A CPR 15.5 consensual extension adds up to a further 28 days. The final agreed deadline is Monday, 29th May (28 days after 1st May). The total period from deemed service is therefore 56 days.

Worked Example 1.7

A specified money claim is issued for £37,000 plus contractual interest at 10% per annum. No acknowledgment or defence is filed.

Question: What must the claimant include when requesting default judgment?

Answer:
For specified sums, the claimant must state: the date payment fell due; interest accrued to the date of the request; and the daily rate at which interest continues to accrue. For £37,000 at 10% p.a., the daily rate is £10.14. The claimant should include these figures so the court can enter judgment in the correct amount as at the date of judgment.

Key Point Checklist

This article has covered the following key knowledge points:

• Responding to a claim requires adherence to strict CPR time limits, starting from the deemed service date of the particulars of claim.
• The initial period for filing an admission, defence, or acknowledgment of service is 14 days after deemed service of the particulars of claim.
• Filing an acknowledgment of service extends the time for filing a defence to 28 days after deemed service of the particulars of claim.
• Deemed service rules differ for claim forms (CPR 6.14 – second business day) and other documents like particulars of claim served separately (CPR 6.26 – often second day, with 4:30 p.m. cut-off, and business day considerations).
• Further extensions require agreement (up to 28 extra days, court notification needed) or a court order.
• Failure to respond within the time limits allows the claimant to apply for judgment in default; specified and unspecified claims proceed differently after default judgment.
• A defendant intending to dispute the court’s jurisdiction must first file an acknowledgment of service within 14 days and then promptly apply under Part 11; delay risks default.
• For service outside the jurisdiction, different response periods apply; the standard 14/28 day time limits are not used.

Key Terms and Concepts

• Deemed Service
• Clear Days (CPR 2.8)
• Acknowledgment of Service
• Judgment in Default