Received an English Claim Form? What to do in the first 14 days

If you have been served with an English claim form in England and Wales, you usually have 14 days from service of the particulars of claim to file an acknowledgment of service or a defence. If you were served in mainland China or the Hong Kong SAR, you have longer, but the clock is already running. Missing the deadline can lead to judgment against you without a hearing.

In short

• Read the claim form and particulars of claim, and note the date of service.
• Served in England and Wales: acknowledgment of service or defence within 14 days after service of the particulars of claim; defence within 28 days if you acknowledge service.
• Served in mainland China: 24 days to acknowledge service; served in Hong Kong: 31 days (Practice Direction 6B), unless a court order sets a different period.
• If you want to argue that the English court should not hear the case, acknowledge service and then apply under CPR Part 11 in time. Do not file a defence first.
• If you do nothing, the claimant can ask for default judgment.

What have I received?

A claim form starts proceedings in the English courts. It names the parties and the court, and summarises the claim. The particulars of claim set out the claim in detail. They may be included in the claim form, served with it, or served separately within 14 days after service of the claim form (CPR 7.4). The particulars of claim should come with a response pack, including a form for acknowledging service.

Your deadlines generally run from service of the particulars of claim, not from the date you happen to read the papers. Keep the envelope, the email or the covering letter showing when and how the documents reached you.

What are my options?

Under CPR 9.2, when the particulars of claim are served you may:

• admit the claim, in whole or in part (CPR Part 14);
• file a defence (CPR Part 15); or
• file an acknowledgment of service (CPR Part 10), which buys time to prepare a defence or to challenge jurisdiction.

In most cases a defendant files an acknowledgment of service first. A defence must answer each allegation, and 14 days is rarely enough to prepare one properly.

What are the time limits if I was served in England and Wales?

Step	Period	Rule
Acknowledgment of service	14 days after service of the particulars of claim (or of the claim form, if the particulars were served with it)	CPR 10.3
Defence, without acknowledgment of service	14 days after service of the particulars of claim	CPR 15.4(1)(a)
Defence, after acknowledgment of service	28 days after service of the particulars of claim	CPR 15.4(1)(b)
Extension of time for defence by agreement	Up to 28 days; defendant must notify the court in writing	CPR 15.5

Periods are counted under CPR 2.8. In the Commercial Court, an acknowledgment of service must be filed in every case, and it is due 14 days after service of the claim form, whether or not the particulars of claim have been served (CPR 58.6).

What if I was served in mainland China or Hong Kong?

When a claim form is served out of the jurisdiction without the court's permission, the periods for responding are set by Practice Direction 6B (CPR 6.35(5)). The Practice Direction contains a Table of countries. The acknowledgment of service is due within the number of days in the Table after service of the particulars of claim; the defence is due within the same number of days, or that number plus 14 days if you have acknowledged service (PD 6B paragraphs 6.3 and 6.4).

Where served	Acknowledgment of service	Defence (no acknowledgment)	Defence (after acknowledgment)
Mainland China ("China" in the Table)	24 days	24 days	38 days
Hong Kong SAR ("China (Hong Kong)" in the Table)	31 days	31 days	45 days

Two points to check:

• Was the court's permission given to serve you abroad? If so, the order granting permission specifies the period for responding (CPR 6.37(5)). Read the order: it governs.
• Is the claim in the Commercial Court? There, the periods run from service of the claim form, not the particulars of claim (CPR 58.6(3)).

The forms served with the particulars of claim should state the period that applies (PD 6B paragraph 6.6). If they do not, or the dates are unclear, take advice rather than assume the longer period.

What happens if I do nothing?

If you do not file an acknowledgment of service or a defence within the time allowed, the claimant can obtain default judgment (CPR 10.2 and 12.3). The court does not look at the merits. A default judgment can be enforced against assets in England, including by charging orders over property and orders against bank accounts.

The court can set aside a default judgment if you have a real prospect of successfully defending the claim, or there is some other good reason. The court will consider whether you applied promptly (CPR 13.3). An application to set aside costs more, and is less certain, than meeting the deadline in the first place.

How do I dispute the English court's jurisdiction?

If you say the English court has no jurisdiction, or should not hear the case (for example because the contract gives jurisdiction to a court in mainland China or Hong Kong, or requires arbitration), CPR Part 11 sets the procedure:

1. File an acknowledgment of service. Doing so does not, of itself, give up your right to dispute jurisdiction (CPR 11(3)).
2. Apply to the court within 14 days after filing the acknowledgment of service, with evidence in support (CPR 11(4)). In the Commercial Court the period is 28 days (CPR 58.7(2)).
3. You do not need to file a defence before the application is heard (CPR 11(9)).

If you acknowledge service and do not apply within the period, you are treated as having accepted that the court has jurisdiction (CPR 11(5)). Filing a defence on the merits before challenging jurisdiction carries the same risk. The jurisdiction window is short, and the evidence takes time to prepare.

Why take advice early?

In the first days after service, you or your lawyers should:

• confirm the date of service and calculate each deadline;
• decide whether to accept the English court's jurisdiction or challenge it;
• consider whether to seek an agreed extension of time for the defence;
• preserve documents relevant to the dispute; and
• check whether the claimant has also applied for urgent relief, such as a freezing injunction.

Where the claimant is also seeking to enforce a judgment from mainland China or the Hong Kong SAR, our guides to enforcing Chinese judgments in the UK and to Hong Kong judgments in England explain the defences available. Our UK–China cross-border disputes page describes how we act for parties on both sides.

How can Duan & Duan UK LLP help?

Duan & Duan UK LLP acts for defendants in mainland China, the Hong Kong SAR and elsewhere who are served with English proceedings. We review the papers, confirm the deadlines, and advise on whether to defend, challenge jurisdiction or settle. We work in English and Chinese.

We do not charge for reviewing a new enquiry, and we will confirm any fee before work begins. Contact us or email office@duanduanuk.com, and send the claim form and particulars of claim with your enquiry.

This article is general information, not legal advice on any particular matter. Time limits depend on how and where the documents were served and on any court order.

Frequently asked questions

How long do I have to respond to an English claim form?

If you are served in England and Wales, you usually have 14 days after service of the particulars of claim to file either an acknowledgment of service or a defence (CPR 10.3 and 15.4). Filing an acknowledgment of service extends the time for the defence to 28 days after service of the particulars of claim. In the Commercial Court, the acknowledgment of service is due 14 days after service of the claim form.

How long do I have if I was served in mainland China or Hong Kong?

Longer. Where a claim form is served out of the jurisdiction without the court's permission, the periods come from the Table in Practice Direction 6B (CPR 6.35(5)). The Table gives 24 days for China and 31 days for China (Hong Kong). A defendant served in mainland China therefore has 24 days after service of the particulars of claim to acknowledge service, and 38 days to file a defence if it has acknowledged service; in Hong Kong the figures are 31 and 45 days. Where the court gave permission to serve out, the order specifies the period.

What happens if I ignore an English claim form?

The claimant may obtain default judgment against you once the time for acknowledging service or filing a defence has passed (CPR 10.2 and 12.3). A default judgment can then be enforced against your assets in England. The court can set a default judgment aside, but you must show a real prospect of defending the claim or some other good reason, and you must apply promptly (CPR 13.3).

How do I challenge the English court's jurisdiction?

File an acknowledgment of service first, then apply under CPR Part 11 within 14 days after filing it, supported by evidence. In the Commercial Court the period is 28 days (CPR 58.7). If you acknowledge service and do not apply in time, you are treated as having accepted the court's jurisdiction. Filing a defence before challenging jurisdiction risks submitting to it.

Can I get more time to file a defence?

The claimant and defendant can agree to extend the time for the defence by up to 28 days, and the defendant must notify the court in writing (CPR 15.5). A longer extension requires an application to the court, which should be made before the time expires.