England and Wales · Competition Appeal Tribunal
When must I file a defence to a section 47A competition claim?
File the ordinary damages defence within twenty-eight days after effective claim-form service. Verify it and serve parties simultaneously, with the required CMA copy. Foreign service and pending jurisdiction applications require separate treatment.
- Period
- Twenty-eight days
- Trigger
- Actual effective service of the copy of the claim form
- Rule
- Competition Appeal Tribunal Rules 2015, rule 35(1)-(7)
Reviewed against the retained current official sources. The actual effective claim-form service date is established under the applicable service provisions, not merely a sending or upload date.
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When must I file a defence to a section 47A competition claim?
File the ordinary damages defence within twenty-eight days after effective claim-form service. Verify it and serve parties simultaneously, with the required CMA copy. Foreign service and pending jurisdiction applications require separate treatment.
Responsible actor. The defendant defending the section 47A claim.
Actual effective service of the copy of the claim form
The actual effective claim-form service date is established under the applicable service provisions, not merely a sending or upload date.
The actual effective claim-form service date is established under the applicable service provisions, not merely a sending or upload date. The defendant is not a foreign defendant subject to the varied Rule 35(7) period, and no pending Rule 34 jurisdiction application suspends the ordinary defence obligation. No different operative direction changes the ordinary 28-day defence period.
Competition Appeal Tribunal Rules 2015, rule 35(1)-(7)How does this provision count time?
- Exclude the day of actual effective service of the copy of the claim form. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays.
- For file the verified defence, serve other parties and send the CMA its copy as required., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
Exclude the day of actual effective service of the copy of the claim form. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays.
For file the verified defence, serve other parties and send the CMA its copy as required., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
Competition Appeal Tribunal Rules 2015, rule 35(1)-(7)What do independently checked examples show?
Fictitious example
Fictitious established ordinary branch. Actual effective service of the copy of the claim form is Tuesday, October 13, 2026.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious established ordinary branch. Actual effective service of the copy of the claim form is Tuesday, October 13, 2026. CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). | Tuesday, November 10, 2026 |
| Example 2. Closed-day boundary | Fictitious boundary or material scenario. CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). CAT 112 excludes the actual starting day. Intervening weekends count. Carry the final required-act weekend or bank holiday under 112(5). | Tuesday, December 29, 2026 |
| Example 3. Material procedural branch | Fictitious boundary or material scenario. A pending properly made Rule 34 jurisdiction application activates the separate defence treatment. A pending properly made Rule 34 jurisdiction application activates the separate defence treatment. | A pending properly made Rule 34 jurisdiction application activates the separate defence treatment. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable procedure
- The actual effective claim-form service date is established under the applicable service provisions, not merely a sending or upload date.
- Actual triggering facts
- The defendant is not a foreign defendant subject to the varied Rule 35(7) period, and no pending Rule 34 jurisdiction application suspends the ordinary defence obligation.
- Material qualification
- No different operative direction changes the ordinary 28-day defence period.
- Counting and completion
- Exclude the day of actual effective service of the copy of the claim form. Count 28 calendar days under Rule 112(2), including intervening weekends and bank holidays. For file the verified defence, serve other parties and send the CMA its copy as required., Rule 112(5) carries a final weekend or bank holiday to the next nonclosed day. Completion ordinarily occurs before 5PM under Rule 112(1).
- The actual effective claim-form service date is established under the applicable service provisions, not merely a sending or upload date. The defendant is not a foreign defendant subject to the varied Rule 35(7) period, and no pending Rule 34 jurisdiction application suspends the ordinary defence obligation. No different operative direction changes the ordinary 28-day defence period.
- The defendant is not a foreign defendant subject to the varied Rule 35(7) period, and no pending Rule 34 jurisdiction application suspends the ordinary defence obligation.
What must the responsible actor complete?
Questions about this procedure
When must I file a defence to a section 47A competition claim?
Does receipt or service start the defence period?
Rule 35(1) uses service of the claim-form copy. The acknowledgment period uses receipt under Rule 33(4). Establish the appropriate event for each act.
Competition Appeal Tribunal Rules 2015, rule 35(1);33(4)Can I omit a defence while my jurisdiction application is pending?
Rule 35 is subject to Rule 34. A defendant complying with Rule 34 need not file the defence before that application hearing. Check the actual subsequent directions.
Competition Appeal Tribunal Rules 2015, rule 35(1);34(3),(7)Does the defence require a statement of truth?
Yes. Rule 35(2) requires verification signed and dated by the defendant or a duly authorized officer or legal representative.
Competition Appeal Tribunal Rules 2015, rule 35(2)Must I serve the defence when I file it?
Yes. Rule 35(5) requires service of the copy and accompanying documents on every other party at the same time as filing.
Competition Appeal Tribunal Rules 2015, rule 35(5)Must the CMA also receive a defence copy?
Yes. Rule 35(6) requires sending a copy to the CMA at the same time as service on the other parties. Apply the current CMA-document direction.
Competition Appeal Tribunal Rules 2015, rule 35(6)Does 28 days apply after every overseas service?
No. Rule 35(7) varies the defence period for a foreign defendant to match the applicable service-out procedural rules.
Competition Appeal Tribunal Rules 2015, rule 35(7)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Competition Appeal Tribunal Rules 2015, rule 35(1)-(7) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 112(1)-(5) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 111 | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(1);33(4) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(1);34(3),(7) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(2) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(5) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(6) | Check the identified procedure, event, counting rule or qualification |
| Competition Appeal Tribunal Rules 2015, rule 35(7) | Check the identified procedure, event, counting rule or qualification |