2. Responding to Proceedings Flashcards
3 situations judgment in default is precluded
- delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974; 2. Part 8 claims; 3. Any other type where PD precludes it
3 things C must show to obtain default judgment
- D’s deadline for acknowledging / defending is up; 2. D has not satisfied / admitted the claim/ 3. D has not made a summary judgment or strike out application
When will C typically get a hearing for default judgment?
Non-money claim
Procedure for getting default judgment - unspecified money claim
C files request for judgment on the form. Dealt with on paper. Court enters judgment for a sum to be determined later.
Procedure for getting default judgment - specified money sum
C files request for judgment on the form. Dealt with on paper. Court enters judgment for the amount sought, fixed costs, and interest.
When can C not get default judgment against multiple defendants?
C claims one defendant is liable in the alternative
Difference between default and summary judgment
Default is purely procedural. Merits aren’t considered. Summary is about establishing very weak merits.
D’s three options after being served with N1
Acknowledge service, admit, defend
When does CPR15.11 impose an automatic stay?
If nothing happens for 6 months
D’s time limit for acknowledging / defending
14 days of deemed date of service of particulars; if served with N1 14 days after N1 is served
D’s time limit to defend if they acknowledge service
28 days from deemed date of service of particulars
How long can parties agree to extend defence daedline?
For a further 28 days after service of particulars
If C won’t agree to more time, or D needs even more time to file defence, what does D do?
Apply to court
4 situations the 14 day limit is displaced
- Service out; 2. Court orders service out on agent; 3. D disputes jurisdiction (D need not defend until after hearing); 4. C applies for summary judgment (D need not defend until after hearing)
Time limit for admitting claim
14 days from deemed date of service of particulars
Options for admitting unspecified claims
Admit liability for whole unspecified claim, or admit liability and offer a sum in satisfaction
If D has agreed to pay, what can they do to make it easier for them?
Ask other party for time to pay, or ask the court
Time limit for C to apply for judgment on the basis of D’s admission
14 days from notice of D’s admission
Time limit for payment of judgment award
Within 14 days of judgment.
When must the court set aside default judgment?
It was wrongly entered for procedural reasons
When may the court set aside default judgment?
D has a ‘real prospect’ of defending the claim, or some other reason
Twin purpose of Defence
State D’s case in full; Reply to each point of C’s particulars
Three options D has in relation to each point in C’s particulars
Admit, deny, require proof
When should D require proof?
When D doesn’t know enough about the point to admit or deny i.e. loss suffered
Consequences of contesting something plainly correct?
Cost consequences for wasting time
Effect of denial without reasons
C must simply prove allegation as stated
If D disagrees with C’s version of events?
State events from its perspective
Effect of not dealing with a point in particulars
D admits it, unless their defence as a whole deals with the point - then C needs proof.
What is set off?
Where D claims C already owes D money, so the amount claimed should be reduced accordingly
In which document are counterclaims inserted?
In the defence document after the defence
Purpose of Reply
To allege facts in answer to the defence not included in the particulars
When to file Reply
With directions questionnaire
What do you do if you want to file another statement of case after the Reply?
Get the court’s permission
