Page 65 - tmp

Notes for defendant (Part 8 claim form)

Please read these notes carefully - they will help you to decide what to do about this claim.
• You have 14 days* from the date on which you were served with the claim form to respond to the claim
• If you do not return the acknowledgment of service, you will be allowed to attend any hearing of this claim but you
will not be allowed to take part in the hearing unless the court gives you permission to do so
• Court staff can tell you about procedures but they cannot give legal advice. If you need legal advice, you should
contact a solicitor or Citizens Advice Bureau immediately

Time for responding an extension of time for filing your written evidence, a copy
The completed acknowledgment of service must be returned of your written agreement must be filed with your
to the court office within *(14 days) ( ) acknowledgment of service. Please note that the agreement
of the date on which the claim form was served on you. can only extend time by 14 days from the date you file your
If the claim form was: acknowledgment of service.
• sent by post, the *(14 days} ( ) begins 2 business Claims under section 1 of the Inheritance (Provision for
days from the date of the postmark on the envelope. Family and dependants) Act 1975
• delivered or left at your address, the *(14 days) ( ) A defendant who is a personal representative of the
begins the second business day after it was delivered. deceased must file and serve written evidence which must
• handed to you personally, the *(14 days) ( ) state to the best of that person's ability:
begins on the second business day it was given to you. • full details of the value of the deceased's net estate, as
defined in section 25 of the Act;
Completing the acknowledgment of service • the person or classes of person beneficially interested in
You should complete sections A - E as appropriate. In all cases the estate, and
you must complete sections F and G. - the names and (unless they are parties to the claim)
Section A - not contesting the claim addresses of all living beneficiaries; and
If you do not wish to contest the remedy sought by the - the value of their interests in the estate so far as
claimant in the claim form, you should complete section A. they are known;
In some cases the claimant may only be seeking the court's • whether any living beneficiary (and if so, naming him) is a
directions as to how to act, rather than seeking a specific child or protected party within the meaning of Rule
order. In these circumstances, if you wish the court to direct 21.1(2); and
the claimant to act in a certain way, give brief details. • any facts which might affect the exercise of the court's
Section B • contesting the claim powers under the Act.
If you do wish to contest the remedy sought by the claimant Section F - name of defendant
in the claim form, you should complete section B. If you Print your full name, or the full name of the defendant on
seek a remedy different from that sought by the claimant, whose behalf you are completing this form.
you should give brief details in the space provided. Serving other parties
Section C - disputing the court's jurisdiction You must send to any other party named on the claim form,
You should indicate your intention by completing section C copies of both the acknowledgment of service and any written
and filing an application disputing the court's jurisdiction evidence, at the same time as you file them with the court.
within 14 days of filing your acknowledgment of service at
the court. The court will , arrange a hearing date for the What happens next
application and tell you and the claimant when and where to The claimant may, within 14 days of receiving any written
attend. evidence from you, file further evidence in reply. On receipt
Section D - objecting to use of procedure of your acknowledgment of service, the court file will be
If you believe that the claimant should not have issued the referred to the judge for directions for the disposal of the
claim under Part 8 because: claim. The court will contact you and tell you what to do next.
• there is a substantial dispute of fact involved; and Statement of truth
• you do not agree that the rule or practice direction stated This must be signed by you, by your solicitor or your litigation
does provide for the claimant to use this procedure friend, as appropriate.
you should complete section D setting out your reasons in Where the defendant is a registered company or a corporation
the space provided. the statement must be signed by either the director,
Section E - written evidence treasurer, secretary, chief executive, manager or other officer
Complete this section if you wish to rely on written of the company or (in the case of a corporation) the mayor,
evidence. You must send your written evidence to the court chairman, president or town clerk.
with your acknowledgment of service. It must be verified by
a statement of truth or the court may disallow it. If you 'For claims under the Inheritance (Provision for Family and
have agreed with the other parties) Dependants) Act 1975 the period is 2 i days.

N N208C Notes for defendant (CPR Part 8) (07.09) © Crown copyright 2009
C

64