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BPTC Civil Litigation Statement of Case questions with correct answers
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BPTC Civil Litigation Statement of Case questions with correct answers
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BPTC Civil Litigation Statement of Casequestions with correct answers
How does acknowledgement or service apply in relation to Part 8 claims? - Answer
The same as standard procedure, subject to the modifications set out in rule 8.3.
When is an acknowledgement of service used? - Answer When a defendant is unable to file a defence within the specified time, or he wishes to dispute the court's jurisdiction.
What happens if the defendant fails to file an AoS, defence or an admission within the specified time? - Answer The claimant may obtain default judgement if Part 12 allows it.
When the defendant is served a claim form which states PoC are to follow, when should the AoS be filed? - Answer 14 days after service of PoC
If the PoC is served with the claim form, when should AoS be filed? - Answer 14 days after service of the claim form.
What are the three exceptions as to when the defendant must file an AoS 14 days after service of the claim form? - Answer When the claim form is served out of the jurisdiction
When the court is required to specify the period to file
Where the court is required to specify the period by reference to PD 6B- when it makes an order giving permission to serve a claim form out of jurisdiction
What should a defendant file if he wishes to defend only part of a claim? - Answer File a defence still- does not apply to Part 8 When is the period to file a defence extended, and when is this extended? - Answer
14 days after service of the PoC, 28 days under Part 10
When must the claimant serve the PoC on a Defendant? - Answer With/in the claim form, or with 14 days of service of the claim form.
What are the 4 exceptions to the standard period to file a defence? - Answer The period for filing a defence is calculated by the court when the claim form is served out of jurisdiction
When the defendant make an application disputing the court' jurisdiction, no defence is required to be filed.
If the claimant applies for summary judgment before the defendant has filed a defence, no defence is required before the summary judgment hearing.
When the court must specify the time to file a defence.
Can the period to file a defence be extended? - Answer Yes
How can a period for filing a defence be extended? - Answer Both parties must to
agree to extend the period up to 28 days, and the defendant must notify the court in
writing.
Whom must a copy of the defence be served on? - Answer Every party
What Part applies to a defendant who wants to make a counterclaim? - Answer Part 20
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