Claimant applying for judgment in default - defendant subsequently serving acknowledgment on service and defence - defendant needing court's permission to serve out of timeColl v Tattum and Another: ChD (Mr Justice Neuberger): 21 November 2001The claimant brought an action against the defendants.

He applied for judgment in default of the defendants' serving an acknowledgment of service or a defence within the time limits prescribed by the CPR.

On the return date for that application the defendants purported to serve an acknowledgment of service and a defence but the claimant submitted that the defendants required the court's permission to do so.Clive Blackwood (instructed by Russell-Cooke Potter & Chapman) for the claimant.

Christopher Boardman (instructed by Anthony Bundy & Associates) for the defendants.Held, dismissing the application, that, where a defendant failed to serve an acknowledgment of service or a defence within the time limits prescribed by the rules and the claimant sought judgment in default, the defendant required the court's permission to serve an acknowledgment of service or a defence; that whether permission was granted was a matter for the court's discretion but it would normally be exercised in favour of extending time; and that in the circumstances it would be unjust not to extend time.