Received a claim form or particulars of claim?
Court deadlines start running from the date the papers are treated as served. If you miss them, judgment can be entered against you without a hearing.
What it means
The issuance of a claim form starts court proceedings (and stops time running for the purposes of limitation). The claim form is usually brief, with the particulars of claim setting out the case against you in detail. They may come together, or the particulars may follow at a later date. Construction claims are often issued in the Technology and Construction Court, but they can also be brought in the County Court (usually if they are lower value or less complex).
The key deadlines
The court deadlines are set by the Civil Procedure Rules. They are counted from the date of deemed service of the claim, which can be earlier than the date you actually receive or read the papers.
- 14 days after service of the particulars of claimYou must file an acknowledgment of service, or a defence.
- 28 days after service of the particulars of claimYour defence is due, if you filed an acknowledgment of service in time. The parties can agree to extend the time for the defence by up to 28 days. The court must be told in writing.
- If you do nothingThe claimant can ask for default judgment, without the court hearing your side.
If you want to argue that the court has no jurisdiction, or that the dispute must go to arbitration, there are separate and short time limits. The wrong (or a late) step can mean the right is lost.
What to do now
- Do not ignore a claim form, even if you think the claim it describes is hopeless.
- Determine the date of deemed service.
- Tell your insurers. Professional indemnity and other policies usually require prompt notification of claims.
- Check what happened before the claim was issued. If the claimant did not follow the Pre-Action Protocol for Construction and Engineering Disputes, that may be relevant.
- Gather the key documents, and set about ensuring that everything that may be relevant (including emails, WhatsApp and text messages) is preserved.
- Get advice early. There may be scope to agree an extension of a deadline if one is needed.
How we can help
Hamshaw can go on record as your lawyers in the Technology and Construction Court and the County Court. In the early stages of the litigation, we will:
- confirm your deadlines and file the acknowledgment of service;
- seek to agree an extension of time for your defence, where appropriate;
- assess the strength of the claim and advise on strategy, including any counterclaim, if instructed;
- prepare your defence and supporting evidence;
- explore any interim application options that may assist you, such as strike out or summary judgment, and represent you at any interlocutory hearings; and
- explore settlement options with you, including mediation and Part 36 offers.
Useful reading
-
What is “Default Judgment” (or “Judgment in Default”) and How Do I Get It?
Hamshaw examines Default Judgment, what it means, and how you get it
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What is the Pre-Action Protocol and What Does it Require?
Hamshaw explains what the Pre-action Protocol for Construction Engineering Disputes is, and how to comply with it
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Which Court Will Hear My Case?
Hamshaw explains the structure of the English court system, and the rules around which court will hear a claim
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What is Summary Judgment?
Hamshaw explains what Summary Judgment means, and how to get it
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What Are the Consequences of a Part 36 Offer?
Hamshaw explains Part 36 offers to settle, and their consequences
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How Much Will it Cost to Sue my Builder?
How expensive it is to be involved in litigation in the UK can vary greatly depending on the nature of the dispute, the attitude of the parties involved, and the steps taken to…
This page gives general information only and is not legal advice. Deadlines depend on how and when the papers were served and on any court orders.
Make sure you do not miss a deadline
Tell us when the papers arrived and who the claimant is. We will check for conflicts and come back to you quickly.