SQE1 · FLK1 · Dispute Resolution
Responding to a claim and default judgment — SQE1 DR question
A worked single-best-answer question on responding to a claim and default judgment, with why each wrong option is wrong — the way SQE1 traps candidates.
Responding to a claim and default judgment
Waverley Ltd is sued by Arden Textiles Ltd. The claim form and particulars of claim were served together and were deemed served on Monday 2 March 2026. On 10 March 2026 Waverley filed an acknowledgment of service indicating that it intends to defend the whole claim. There has been no agreement or order extending time. Waverley's solicitor needs to diarise the deadline for the defence.
By when must Waverley file its defence?
- A16 March 2026, being 14 days after service of the particulars of claim.
- B7 April 2026, being 28 days after the acknowledgment of service was filed.
- C24 March 2026, being 14 days after the acknowledgment of service was filed.
- D13 April 2026, because a defendant may unilaterally extend the period by 14 days by notifying the court.
- E30 March 2026, being 28 days after service of the particulars of claim.
Show answer and reasoning
E is the best answer. Under CPR 15.4(1) the period for filing a defence is 14 days after service of the particulars of claim or, where the defendant has filed an acknowledgment of service, 28 days after service of the particulars of claim. Because Waverley acknowledged service, it has 28 days from 2 March, expiring on 30 March. Any extension requires agreement of the parties (up to 28 days, notified to the court) or an order.
Rule: A defendant who files an acknowledgment of service has 28 days after service of the particulars of claim to file a defence.
- A The 14-day period applies only where no acknowledgment of service has been filed. (right rule, wrong facts)
- B The 28-day period runs from service of the particulars of claim, not from filing the acknowledgment of service. (wrong rule)
- C No period for the defence runs from the date of the acknowledgment of service. (wrong rule)
- D An extension under CPR 15.5 requires the claimant's agreement; a defendant cannot extend time unilaterally. (wrong rule)
Source: CPR 15.4(1) and 15.5