Citation, Commencement, Application And The Overriding Objective
Organisation Of The Court
The Court’s Case Management Powers
How To Start Proceedings — The Claim Form
Alternative Procedure For Claims
Responding To Particulars Of Claim — General
Disputing The Court’s Jurisdiction
Setting Aside Or Varying Default Judgment
Defence And Reply
Statements Of Case
Amendments To Statements Of Case
Addition And Substitution Of Parties
Counterclaims And Other Additional Claims
Statements Of Truth
General Rules About Applications For Court Orders
Interim Remedies And Security For Costs
Alternative Dispute Resolution
Production Of Documents
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
Payments Into Court
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Procedure For Detailed Assessment Of Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Contempt Of Court
Small Claims Tribunal
Technology And Construction Division
Non-Muslim Wills Registry
(1) a defendant fails to file an acknowledgment of service within the period specified in Rule 11.5; and
(2) does not within that period file a defence in accordance with Part 16 or serve or file an admission in accordance with Part 15,
the claimant may obtain default judgmentG if Part 13 allows it.
The general rule is that the period for filing an acknowledgment of service is 14 days after service of the claim form.
The general rule is subject to the following rules:
(2) Rule 9.48 (which requires the Court to specify the period for responding to the particulars of claim when it makes an order under that Rule).
An acknowledgment of service must:
(1) be signed by the defendant or his legal representative; and
(2) include the defendants’ address for service.
Where the defendant is represented by a legal representative and the legal representative has signed the acknowledgment of service form, the address must be the legal representative’s business address; otherwise the address for service that is given should be as set out in Rules 9.15 and 9.16.
Where the defendant is a company or other corporation, a person holding a senior position in the company or corporation may sign the acknowledgment of service on the defendant’s behalf, but must state the position he holds.
Each of the following persons is a person holding a senior position:
(1) in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation, and
(2) in respect of a corporation which is not a registered company, in addition to those persons set out in (1), the mayor, chairman, president, town clerk or similar officer of the corporation.
Where a claim is brought against a partnership:
(1) service must be acknowledged in the name of the partnership on behalf of all persons who were partners at the time when the cause of action accrued; and
(2) the acknowledgment of service may be signed by any of those partners, or by any person authorised by any of those partners to sign it.
The defendant’s name should be set out in full on the acknowledgment of service.
Where the defendant’s name has been incorrectly set out in the claim form, it should be correctly set out on the acknowledgment of service followed by the words ‘described as’ and the incorrect name.
If two or more defendants to a claim acknowledge service of a claim through the same legal representative at the same time, only one acknowledgment of service need be used.
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