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Review Your SQE 1 Practice Records

Examination Timing: 00H02M00S

A clothing manufacturer has commenced a claim for breach of contract against a supplier, claiming the sum of £25,000 in respect of fabric purchased from the supplier and £60,000 in respect of lost production and profit arising from the supplier's breach of the contract. Despite having complied fully with the Protocol, you have received little information back from the defendant's legal representative as to the defendant's position other than that the claim is denied. Four days after the service of the proceedings, the defendant has filed the Acknowledgment of Service and requested an extension of the time for the filing of the defence by a further additional 28-day period. 

Which of the following best represents how to proceed?

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Your selected option: E

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According to CPR 10.3(1), the defendant has 14 days to file an Acknowledgment of Service after the service of the claim form. If an Acknowledgment of Service is filed, CPR 15.4(1) extends the period for filing a Defence to 28 days after service of the Particulars of Claim. Given that the defendant has acknowledged service, they now have 24 days to file a Defence, which is considered reasonable. Refusing an extension without a valid reason would be unreasonable. Therefore, option C correctly states that an extension may be refused unless the defendant provides a good reason for the request. 

Key Point: Under the CPR, the defendant has 28 days to file a Defence if an Acknowledgment of Service is filed, making it reasonable to refuse an extension unless justified by the defendant. 

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