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
