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Rule 54.9 Failure to file acknowledgment of serviceF1

(1)

Where a person served with the claim form has failed to file an acknowledgment of service in accordance with rule 54.8, he—

(a)

may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

(b)

provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of—

(i)

detailed grounds for contesting the claim or supporting it on additional grounds; and

(ii)

any written evidence,

may take part in the hearing of the judicial review.

(2)

Where that person takes part in the hearing of the judicial review, the court may take his failure to file an acknowledgment of service into account when deciding what order to make about costs.

(3)

Rule 8.4 does not apply.

Annotations

Textual amendments

F1

Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)

Notes on Part 54

Textual amendments

F2

Pt. 54 heading substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rules 1, 3

F3

Pt. 54 Table of Contents substituted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1

F4

Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(i)

F5

Words in Pt. 54 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 9(a)(ii)

F6

Words in Pt. 54 Table of Contents inserted (6.4.2014) by virtue of The Civil Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/610), rules 2, 3 (with rule 4)

F7

Words in Pt. 54 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 21(1)(b)

Notes on JUDICIAL REVIEW

Textual amendments

F2

Pt. 54 Section 1 heading inserted (1.4.2003) by The Civil Procedure (Amendment) Rules 2003 (S.I. 2003/364), rule 1, Sch. Pt. 1