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propertylawyer
propertylawyer, Solicitor
Category: Law
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Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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If I served the claims form on the 3 defendants on 18th May

Resolved Question:

If I served the claims form on the 3 defendants on 18th May 2016, but I didn't serve the particulars of the claims until 6th June, but only one defendant has acknowledged service (2nd June) and said that all the claim will be defended.
What is the deadline for the defendant who has acknowledged service got until they reply?
How long have the others got until they can extend their reply time?
Will the reply be in the form of a witness statement?
Submitted: 7 months ago.
Category: Law
Expert:  propertylawyer replied 7 months ago.

Hi

Are your dates correct, normally a particulars of claim must be served within 14 days of the service of claim - 1 June. Check with the court.

Generally to acknowledge service file a defence the position is as follows:

The defendant that acknowledged service late, 15 days after service of claim but you may not have served particulars in time. If the court allow this the the defendant has 28 days from 18 may to file a defence, that is today.

The time period runs from 6 June.

The other two defendants have 14 days after the service of the particulars of claim to file a defence or acknowledge service. If they acknowledge service this period for filing a defence is extended to 28 days after service if the particulars of claim. So 20 June and 30 June respectively.

You should speak to the court regarding the dates. They are generally helpful to lay people who are not familiar with court process.

I hope this helps.

Customer: replied 7 months ago.
will the reply be in the form of a witness statement
Expert:  propertylawyer replied 7 months ago.

The important issue is speaking to the court about the date the particulars of claim was served. You may need retrospective permission to serve out if time.

I didn't understand your question - do you mean the defense will be in the form of a witness statement? The defence and witness statement ate separate documents

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 237
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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