The Defendant Has Filed His Acknowledgement of Service in Time

question 3

Multiple Choice

The defendant has filed his acknowledgement of service in time, but feels he is unable to file his defence within 28 days from the time he was served with the particulars of claim. He feels he needs an additional 6 weeks. He can give valid reasons for this. What course of action can he follow?

• A) Seek the agreement of the claimant for the extension he needs and if the claimant agrees file his defence within the time they have agreed.
• B) Give notice to the claimant of his intention to file his defence within the time specified and giving full details of his reasons for the extra time needed and stating that he will apply to the court for the time needed if the claimant raises objections to his notice.
• C) Apply to the court for the extra time needed and at the same time ask the claimant if he consents to the request.
• D) File a 'holding' defence within 28 days and file amendments to it as soon as he can giving notice to the claimant and the court of his intention to do that.

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Definitions:

Informed Consent

A process in which participants are fully informed about the procedures and potential risks of a study and voluntarily agree to participate.

Minimal Risk

A research condition where the probability and magnitude of harm are no greater than those encountered in daily life or during routine physical or psychological examinations.

Greater Than Minimal Risk

Describes research situations where the probability and magnitude of harm or discomfort anticipated in the research are greater than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

Full IRB Review

A full IRB review is a thorough examination by an Institutional Review Board of proposed research protocols that involve human subjects, to ensure the study's ethical and legal appropriateness.