What Is an Acknowledgment of Service?
The act of acknowledging that you have been served with a Claim Form is communicated to the court by filing an Acknowledgment of Service in the prescribed form.
A defendant who wants additional time to respond to the claim before committing to their Defence — whilst avoiding the risk of a default judgment, should file an Acknowledgement of Service.
When a defendant receives a claim form, they have 14 days to file an Acknowledgment of Service or submit a Defence.
By filing an Acknowledgment of Service, you indicate whether you will defend all of the claim, only part of the claim, or contest the jurisdiction of the court. If defending, you buy yourself an additional 14 days, making a total of 28 days from the date of service of the claim form to file your defense, allowing you more time to gather evidence, seek legal advice, and prepare a thorough response to the claim.
If the defendant intends to contest jurisdiction – that is – to challenge the authority of the courts of England & Wales to determine the claim that should indicated in the form.
Reasons to contest jurisdiction include that a foreign court has exclusive jurisdiction under a contract, or because the facts of the dispute relate exclusively to a foreign jurisdiction, or a foreign court is already engaged in determining a claim on the same facts.
Once completed, the form must be filed with the court, and a copy should be sent to the claimant.
Failing to file an Acknowledgment of Service within the required time frame can result in serious consequences, including the risk of the claimant winning the case by default.
If you’ve received a claim form, you need to act promptly. Filing an Acknowledgment of Service allows you more time to fully prepare your defense and show that you are fully committed to defending your position.