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The general rule, set out in CPR 15.4(1) is that the period for serving a defence is:

1. •

   14 days after service of the particulars of claim, or

2. •

   if the defendant files an acknowledgment of service, 28 days after service of the particulars of claim

However, the defendant and the claimant may agree voluntarily that the period for filing a defence specified above is to be extended by up to 28 days—so called buffer agreements (CPR 15.5(1)). Where the defendant and the claimant agree to an extension, the defendant must notify the court in writing. Further information is available in Practice Note: Agreements to extend time under CPR 3.8(4) (buffer agreements).

If there is no agreement or the time for serving the defence has expired or a further extension is required, the defendant would need to obtain a court order allowing an extension of time.

'The defendant and claimant may only