1.5 Response Flashcards
What are Defendant’s options?
1) C => D
- Claim form
- Particulars!!!
2) D => C
- File/Serve admission
- File defence/acknowledgment of service > Otherwise, default judgment w/o trial
Can D make a pre-action admission? How can D withdraw?
Yes
- Narrow down issues between parties re CPR 14.1A application
Withdraw in writing
- Before commencing proceedings + Opponent agrees
- After commencing proceedings (ALL parties/court’s consent)
- Similar rule (Road Traffic Accident/Employers’ Liability/Public Liability Protocols)
How may D make admissions of claim?
- Notice in writing after commencing proceedings
- Accept debt + Offer to pay (whole/in part)
- Clear
- Admit truth (concede claims/not contest incontestable)
- Notice in writing (statement of case/by letter)
- Entitle C to enter judgment
=> Reduce costs + delay, narrow issues in dispute
Can D make a post-action admission of claim?
If D served claim form => 14 days after particulars
Other cases => 14 days after claim form
How can D withdraw admission post-commencement?
Court’s consent
- Grounds for withdrawal
- Parties’ conduct
- Prejudice if app is refused
- When withdrawal app was made
- Prospect of success
- Administration of justice
How can C oppose D’s withdrawal of admission application?
C may suffer prejudice
D acted in bad faith > Withdrawal likley lead to abuse of process
What is required for acknowledgement of service?
1) Form completion
- D’s DOB
- D’s address for service
- Whether D to defend claim (whole/in part)
- Whether D to contest court’s jx
2) Deadlines
- E&W > Within 14 days after particulars served
- Europe/NI/Scotland > Within 21 days after particulars served (no court consent)
- Convention state outside Europe > Within 31 days after particulars served (no court consent)
When must defence be filed?
E&W
- NO acknowledgment > Within 28 days after particulars
- Acknowledgment > Within 14 days after particulars
Europe/Scotland/NI + NO court’s consent
- NO acknowledgment > Within 21 days after particulars
- Acknowledgment > Within 35 days after particulars
Convention state outside Europe
- NO court’s consent > NO acknowledgment > Within 31 days after particulars
- NO court’s consent > Acknowledgment > Within 45 days after particulars
- Court’s consent > Within CPR period
Extension possible
- Parties musts agree + D must notify court in writing => Max. 28 days extension
- Parties must apply to court
How may D counterclaim against C/additional party?
D vs C
- File w/ defence
- Any other time + court’s consent
D vs Additional party
1) File + serve notice (nature + grounds of additional claim)
2) Court’s consent (UNLESS contribution/indemnity claim)
How may D dispute court’s jurisdiction?
1) Dispute
- Dispute to try claim
- Argue court should not exercise jx
2) D applies to court
- Acknowledgment of service
- Within 14 days of acknowledgment/Within 28 days in Commercial Court
- Otherwise D deemed to accept jx
What is default judgment?
Early determination of action
Application
- C’s request (specified/application notice)
- Court’s application
Special provisions
- Multiple Ds
- Ds sued in alternative
- D (child/patient/state)
When is there no default judgment?
Other applications exist
- Strike out
- Summary judgment pending
C served claim (NOT certificate of service)
D’s counterclaim
- Except where defence filing period expired
What is required for entering default judgment?
1) Form > Court
- Form N225 (specified sums/D given payment alternative)
- Form N227 (court to determine sums)
2) NO fee
3) Court handles administratively (not judicially)
=> Enter judgment
What is required for setting aside default judgment?
1) Either;
- DJ wrongly entered
- D acted promptly + real prospect of successfully defending claim/other good reason to set aside DJ (Court’s discretion) (D’s evidence)
2) Agree application
- Avoid hearing
- Save costs
3) Application issued;
- Automatic transfer provisions may apply
- Heard in court where issued (NO Part 7 money claims involved)
=> As a result;
- Conditional/Unconditional (as court thinks fit)
- Order to pay C will be set aside
How may a party discontinue his claim (part/whole)?
1) Notice of discontinuance
- Defendant (within 28 days of service)
2) Serve copy on ALL parties
3) Court’s permission
- C granted interim injunction
- C gave undertaking to court
- C received interim payment + Paying party NOT consent
- At least two claimants > One of claimants NOT consent
- Child/Protected party involved
