Rule 57.4 Acknowledgment of service and defenceF1

(1)

A defendant who is served with a claim form must file an acknowledgment of service.

(2)

Subject to paragraph (3), the period for filing an acknowledgment of service is—

(a)

if the defendant is served with a claim form which states that particulars of claim are to follow, 28 days after service of the particulars of claim; and

(b)

in any other case, 28 days after service of the claim form.

(3)

If the claim form is served out of the jurisdiction under rule F26.32 or 6.33, the period for filing an acknowledgment of service is 14 days longer than the relevant period specified in rule F36.35 or F4Practice Direction 6B.

(4)

Rule 15(4) (which provides the period for filing a defence) applies as if the words “under Part 10” were omitted from rule 15.4(1)(b).

Annotations

Textual amendments

F1: Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)
F2: Words in rule 57.4(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 30(a)(i)
F3: Word in rule 57.4(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 30(a)(ii)
F4: Words in rule 57.4(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(a)

Notes on Part 57

Textual amendments

F2: Pt. 57 heading substituted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 3
F3: Words in Pt. 57 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 1
F4: Words in Pt. 57 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(b)
F5: Words in Pt. 57 Table of Contents inserted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 4