Janna Purdie considers when the late acknowledgment of service by a defendant can prevent a claimant obtaining a default judgment
Default of acknowledgment of service
The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.
Facts of ESR Insurance Services v Clemons & ors
The claimant, ESR, an insurance broker, sought default judgments pursuant to CPR Part 12.3(1) against all the defendants. The claim was a Part 7 claim in the Commercial list and therefore by reason of CPR 58.8 there was no requirement for the claimant to serve particulars of claim prior to applying for or obtaining a default judgment.
One of the defendants, Mr Clemons, resided within the jurisdiction. He served an acknowledgment of service, albeit late. The other defendants all resided outside the
