header-logo header-logo

04 September 2008 / Janna Purdie
Issue: 7335 / Categories: Features , Procedure & practice
printer mail-detail

Default of acknowledgment of service

Janna Purdie considers when the late acknowledgment of service by a defendant can prevent a claimant obtaining a default judgment

Default of acknowledgment of service

The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.

Facts of ESR Insurance Services v Clemons & ors

The claimant, ESR, an insurance broker, sought default judgments pursuant to CPR Part 12.3(1) against all the defendants. The claim was a Part 7 claim in the Commercial list and therefore by reason of CPR 58.8 there was no requirement for the claimant to serve particulars of claim prior to applying for or obtaining a default judgment.

One of the defendants, Mr Clemons, resided within the jurisdiction. He served an acknowledgment of service, albeit late. The other defendants all resided outside the jurisdiction. Although validly served with the claim form, none of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll