2.6 Responding to the claim Flashcards
When must a defendant acknowledge a claim?
CPR 9.1(2)
Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.
[There can be no judgment in default for failing to respond to a claim form without POC.]
CPR 10.3
[Once the POC is received, within 14 days.]
Why might a defendant acknowledge service?
10.1(3)
A defendant may file an acknowledgment of service if
(a)
he is unable to file a defence within the period specified in rule 15.4; or
(b)
he wishes to dispute the court’s jurisdiction.
[Acknowledging service is not a compulsory step except in the Commercial Court. Generally D can proceed straight to filing a defence.]
What is the deadline for acknowledgement of service?
CPR 10.3
(1)
The general rule is that the period for filing an acknowledgment of service is –
(a)
where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and
(b)
in any other case, 14 days after service of the claim form.
What is the deadline for filing a defence?
CPR 10.3 [repeated at CPR 15.4]
(1)
The general rule is that the period for filing a defence is—
(a)
14 days after service of the particulars of claim; or
(b)
if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
What does the court do after D files an acknowledgement of service?
CPR 10.4
On receipt of an acknowledgment of service, the court must notify the claimant in writing.
Where are the required contents of claim forms, POCs, defences and other statements of case set out?
Part 16
Where must the defence be sent?
CPR 15.6
A defence must be filed at court and served on all parties.
Where are the exceptions to the general deadline for filing a defence set out?
CPR 15.4(2)
What if the defendant wishes to extend the deadline for serving a defence beyond the usual deadline?
CPR 15.5 (1) The defendant and the claimant may agree an extension of up to 28 days. (2) D must then notify the court in writing.
CPR 3.1(2)
If C and D cannot agree or D wants a longer extension, D can apply to the court to exercise is power to extend or shorten the time for compliance with any rule, practice direction or court order.
Which part of CPR deals with calculating time for doing acts such as service?
CPR 2.8
How are periods of time for doing acts such as service calculated?
CPR 2.8
(2)
A period of time expressed as a number of days shall be computed as clear days.
(3)
In this rule “clear days” means that in computing the number of days—
(a)
the day on which the period begins; and
(b)
if the end of the period is defined by reference to an event, the day on which that event occurs,
are not included.
(4)
Weekends are not counted for deadines of 5 days or less.
(5)
For deadlines where the court is closed, the act shall be done on time if it happens on the next day the court is open.
What happens where the defendant has already paid the debt the claimant seeks to recover?
CPR 15.10
[The defendant can file a “money paid” defence.
[The court will ask C whether he wishes to continue.
C must reply within 28 days of receiving notice from the court.]
Which Part of CPR concerns admissions?
Part 14
What happens if neither party takes steps to move the claim on, ie, D fails to respond and C takes no action to enter judgment?
CPR 15.11
(1)
Where –
(a)
at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;
(b)
no defendant has served or filed an admission or filed a defence or counterclaim; and
(c)
the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),
the claim shall be stayed
Where are the required contents of a claim form set out?
CPR 16.2
