2. Responding to Proceedings

Question 1

3 situations judgment in default is precluded

Answer 1

1. 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

Question 2

3 things C must show to obtain default judgment

Answer 2

1. 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

Question 3

When will C typically get a hearing for default judgment?

Answer 3

Non-money claim

Question 4

Procedure for getting default judgment - unspecified money claim

Answer 4

C files request for judgment on the form. Dealt with on paper. Court enters judgment for a sum to be determined later.

Question 5

Procedure for getting default judgment - specified money sum

Answer 5

C files request for judgment on the form. Dealt with on paper. Court enters judgment for the amount sought, fixed costs, and interest.

Question 6

When can C not get default judgment against multiple defendants?

Answer 6

C claims one defendant is liable in the alternative

Question 7

Difference between default and summary judgment

Answer 7

Default is purely procedural. Merits aren’t considered. Summary is about establishing very weak merits.

Question 8

D’s three options after being served with N1

Answer 8

Acknowledge service, admit, defend

Question 9

When does CPR15.11 impose an automatic stay?

Answer 9

If nothing happens for 6 months

Question 10

D’s time limit for acknowledging / defending

Answer 10

14 days of deemed date of service of particulars; if served with N1 14 days after N1 is served

Question 11

D’s time limit to defend if they acknowledge service

Answer 11

28 days from deemed date of service of particulars

Question 12

How long can parties agree to extend defence daedline?

Answer 12

For a further 28 days after service of particulars

Question 13

If C won’t agree to more time, or D needs even more time to file defence, what does D do?

Answer 13

Apply to court

Question 14

4 situations the 14 day limit is displaced

Answer 14

1. 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)

Question 15

Time limit for admitting claim

Answer 15

14 days from deemed date of service of particulars

Question 16

Options for admitting unspecified claims

Answer 16

Admit liability for whole unspecified claim, or admit liability and offer a sum in satisfaction

Question 17

If D has agreed to pay, what can they do to make it easier for them?

Answer 17

Ask other party for time to pay, or ask the court

Question 18

Time limit for C to apply for judgment on the basis of D’s admission

Answer 18

14 days from notice of D’s admission

Question 19

Time limit for payment of judgment award

Answer 19

Within 14 days of judgment.

Question 20

When must the court set aside default judgment?

Answer 20

It was wrongly entered for procedural reasons

Question 21

When may the court set aside default judgment?

Answer 21

D has a ‘real prospect’ of defending the claim, or some other reason

Question 22

Twin purpose of Defence

Answer 22

State D’s case in full; Reply to each point of C’s particulars

Question 23

Three options D has in relation to each point in C’s particulars

Answer 23

Admit, deny, require proof

Question 24

When should D require proof?

Answer 24

When D doesn’t know enough about the point to admit or deny i.e. loss suffered

Question 25

Consequences of contesting something plainly correct?

Answer 25

Cost consequences for wasting time

Question 26

Effect of denial without reasons

Answer 26

C must simply prove allegation as stated

Question 27

If D disagrees with C’s version of events?

Answer 27

State events from its perspective

Question 28

Effect of not dealing with a point in particulars

Answer 28

D admits it, unless their defence as a whole deals with the point - then C needs proof.

Question 29

What is set off?

Answer 29

Where D claims C already owes D money, so the amount claimed should be reduced accordingly

Question 30

In which document are counterclaims inserted?

Answer 30

In the defence document after the defence

Question 31

Purpose of Reply

Answer 31

To allege facts in answer to the defence not included in the particulars

Question 32

When to file Reply

Answer 32

With directions questionnaire

Question 33

What do you do if you want to file another statement of case after the Reply?

Answer 33

Get the court’s permission