When is the deadline for probate claim: defence?
The catalogue records a 28 days period from Service of the particulars of claim, where an acknowledgment of service has been filed. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- Service of the particulars of claim, where an acknowledgment of service has been filed
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable by the court and by written agreement under CPR 15.5, subject to the limits in that rule. There is no default judgment available in a probate claim (CPR 57.10(1)), so the sanction for lateness is weaker than in ordinary Part 7 litigation.
- CPR 57.4(4) applies rule 15.4 as if the words 'under Part 10' were omitted from rule 15.4(1)(b). The effect is that the 28 day period applies to a probate claim defendant who has filed an acknowledgment of service under CPR 57.4, which is not a Part 10 acknowledgment. Confidence is medium only because the cross reference in 57.4(4) rendered as 'Rule 15(4)' in both retrieved ren