Responding to Court Proceedings
Before You Respond
Before responding to the claim, the defendant should check whether the claimant sent a Letter Before Action or complied with any applicable Pre-Action Protocol. Under the Civil Procedure Rules, claimants are expected to give advance notice of a claim and attempt to resolve matters before issuing proceedings. If no such letter was sent, or if the claimant failed to comply with the relevant pre-action requirements, the defendant may raise this non-compliance with the court. This could affect case management decisions or result in cost penalties being imposed on the claimant later in the proceedings.
What Does Being “Served” Mean?
Getting served with court proceedings can be confusing and stressful, but how you respond is critical. If you have been served with English Court proceedings, this means that someone has filed a legal case against you in the courts of England and Wales.
The English courts have strict procedural rules that defendants must follow. Failing to comply with these rules can seriously damage your position, and may even lead to a judgment being entered against you before you have a chance to present your defence.
The documents served on you will typically include:
- The Claim Form: which sets out key information about the claim, including the names of the parties and the remedy sought from the court.
- The Particulars of Claim (PoC): which provides a detailed account of the legal and factual basis of the claim, including background, allegations, and legal arguments.
What Should I Do?
The deadline for responding to an English claim is calculated from the deemed date of service of the Particulars of Claim. Under the Civil Procedure Rules, the deemed date depends on the method of service. For example:
- Service by first class post is deemed to occur two business days after posting;
- Service by email is deemed on the next business day, if sent before 4:30 p.m.;
- Personal delivery is deemed on the same day, if completed before 4:30 p.m.
Although the Particulars of Claim are often served together with the claim form, this is not a requirement. The claimant may serve them separately, up to 14 days after the claim form has been served.
Acknowledgment of Service and Defence
Once the Particulars of Claim have been served, the defendant has 14 days (from the deemed date of service) to respond by filing an Acknowledgment of Service. This is a formal notice to the court and the claimant confirming that the defendant has received the claim and setting out how they intend to proceed. Specifically, the defendant must indicate whether they:
- Intend to defend the claim;
- Admit the claim in whole or in part; or
- Challenge the jurisdiction of the court.
Filing the Acknowledgment of Service extends the deadline to submit a Defence by an additional 14 days, providing a total of 28 days from the deemed date of service of the Particulars of Claim.
The Defence is a separate and more detailed court document. In it, the defendant must respond directly to the allegations made in the Particulars of Claim. This involves replying to each numbered paragraph, stating whether the allegation is:
- Admitted;
- Denied, with reasons provided; or
- Not admitted, with an explanation (such as a lack of knowledge or information).
The Defence should also include any relevant factual background, legal arguments, and, if appropriate, a Counterclaim.
Why You Must Not Ignore the Claim
Even if you believe the claim is unfounded, you must not ignore it. Doing nothing may result in the claimant applying for a default judgment, where the court finds against you simply because you failed to respond within the required timeframe.
Do I Need a Solicitor?
While it is possible for a defendant to respond to the court directly, it is strongly recommended that you seek advice from an experienced litigation solicitor. Civil litigation can be legally and procedurally complex. Mistakes made early in the process, such as missing a deadline or failing to plead your case properly can be difficult or impossible to correct later.
How We Can Help
At Chan Neill Solicitors LLP, we have deep experience handling all stages of litigation. Our team is highly familiar with court procedure and can support you from the initial claim through to response, preparation, negotiation, and final resolution. We provide clear, strategic advice tailored to your circumstances and work to protect your position at every stage of the process.
