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07 October 2010
Categories: Case law , Judicial line , In Court
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Defendant's DOB

The form of acknowledgement of service (revised form N9) contains a box in which...

The form of acknowledgement of service (revised form N9) contains a box in which the defendant is asked to record his date of birth. I have just had an acknowledgement rejected by the court because the box was not completed. I can find nothing in CPR 10 or PD10 which requires me to provide this information. Was the court correct?

The requirement to provide the date of birth, if known, is in PD16 para 10.7 and extends to provision of the date in an admission, defence, defence and counterclaim, reply or other response. Therefore, the court was correct. If the date of birth is unknown then this should be stated in the acknowledgement etc. It would be helpful if the requirement was mentioned or there was an appropriate cross-reference in PD 10.

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