3 - Responding to Proceedings Flashcards
What are the three main ways that a defendant will respond to proceedings brought against them?
The defendant may (CPR 9.2):
- File or serve an admission (CPR 14)
- File a defence (CPR 15)
- File an acknowledgment of service (CPR 10). This is the step to be taken if the defendant is unable to file a defence within the period initially allowed, or if it wishes to dispute the courts jurisdiction (CPR 10.1).
Only need to do this once particulars of claim have been received.
In what circumstances will the defendant file an acknowledgment of service?
The defendant files an acknowledgment of service if:
- They need more than 14 days from the deemed date of service to file a defence.
- They wish to dispute the court’s jurisdiction to hear the claim.
Filing acknowledgment is common as finalising a defence often requires more time for investigation and client instructions. It does not cause delays as the defence can be filed earlier if ready.
When (timing wise) will a defendant need to file an acknowledgment of service?
- If particulars of claim follow the claim form: 14 days after service of the particulars.
- In other cases: 14 days after service of the claim form.
Acknowledging service is optional. If the defence is ready, the defendant can file it directly without acknowledgment.
How can a defendant file an acknowledgment of service?
The defendant files an acknowledgment of service using Form N9, included in the response pack.
The form confirms the defendant’s name and address, and indicates whether the defendant:
- Intends to defend all or part of the claim.
- Disputes the court’s jurisdiction.
What happens if the defendant does not file the acknowledgment of service within the deadline imposed?
If no acknowledgment is filed, the defendant must file and serve the defence within 14 days of the deemed service of the particulars of claim.
Failure to do either can lead to the claimant applying for default judgment.
In other words, the defendant has 28 days from service of the particular of claim to file a defence.
What happens after the defendant has filed an acknowledgment of service?
- The court notifies the claimant that acknowledgment of service has been filed.
- The deadline for the defence is extended to 28 days from the deemed date of service of the particulars of claim.
- The defendant must file the defence by this date or seek an extension, while the claimant can apply for default judgment if no defence is filed.
In what circumstances will the defendant file a defence in response to the claim?
A defence must be filed if the defendant intends to dispute the claim.
It must be filed within:
- 14 days of service of the particulars of claim if no acknowledgment of service is filed.
- 28 days if an acknowledgment of service is filed.
Exceptions where no defence is required:
- Application disputing the court’s jurisdiction.
- Application for summary judgment by the claimant.
- Service of claim form outside jurisdiction.
What is the process for extending the time to serve a defence beyond the standard deadline?
- The defendant and claimant can agree themselves to extend the time to serve a defence by up to 28 days, giving a total of 56 days from the deemed date of service of the particulars.
- If more time is required, the defendant must apply to the court for an extension.
- The court will consider the reasons for the request and the effect on the claim, following the overriding objective to ensure fair and efficient case management.
Under what circumstances will a defendant respond to a claim with a defence stating that money has been paid?
If a defendant has already paid a specified amount (e.g., a debt) before receiving the claim, they can file a defence stating that the debt has been paid.
- The court will notify the claimant and ask if the defence is accepted.
- The claimant has 28 days to respond. If no response, the claim is stayed.
- If the claimant agrees the debt is paid, the case ends. If not, the claim proceeds as a defended claim.
How and when should a defendant admit the claim?
- The defendant admits a claim when they choose not to dispute it, either wholly or in part, often after legal advice.
- Admissions must be made using the admission form from the response pack (Form N9A for specified claims; Form N9C for unspecified claims).
- The form should be returned to the court (or to the claimant if admitting a specified claim in full) within 14 days of deemed service of the particulars of claim.
How can a defendant admit a specified claim (whole or part)?
- For specified claims, the defendant admits the whole or part of the claim using Form N9A.
- If the whole claim is admitted, the judgment amount will include the debt, court fees, interest, and fixed costs.
- If only part is admitted, the defendant will file a defence for the unadmitted balance, while the admitted part will proceed to judgment.
How can a defendant admit an unspecified claim (whole or part)?
- For unspecified claims, the defendant admits liability and either offers a sum in satisfaction or leaves quantum (the amount to be paid) for the court to decide.
- Use Form N9C to admit liability.
- If the whole claim is admitted, the court will decide quantum later. If the defendant offers a sum, the claimant can either accept or continue the dispute.
How can a defendant request time to pay after admitting the claim?
- The defendant can request time to pay either as a lump sum by a future date or in instalments.
- This request is made through the admission form (Forms N9A or N9C), where the defendant provides financial details (income, outgoings, etc.).
- If the claimant rejects the payment proposal, the court will decide the payment schedule based on the information provided (CPR 14.10).
How is judgment entered following a claim being admitted?
- The claimant can request judgment by completing the request for judgment and reply to admission form within 14 days of receiving the defendant’s admission.
- Judgment will be entered for the amount claimed (plus interest, fees, and costs) for specified claims or for liability in unspecified claims.
- This is an administrative process without judicial involvement.
How is the amount of the judgment calculated in specified claims?
The judgment amount includes:
- The claim/debt (including interest to the date of issue),
- Interest accrued after issuing the claim (based on the daily rate from the particulars of claim),
- Court fees (as shown on the claim form), and
- Fixed costs (per CPR 45).
Credit is given for any amounts already paid by the defendant.
How is the amount of the judgment calculated in unspecified claims?
- In unspecified claims, judgment is first entered for liability, and the amount of damages (quantum) will be determined at a subsequent hearing.
- The court will decide on quantum after hearing evidence, and the judgment will include interest and costs.
What are the next steps after admitting a claim and how is the claim concluded?
- Once judgment is entered, the claim is effectively concluded.
- Unless otherwise agreed, the amount due is payable by the defendant within 14 days (CPR 40.11).
- If payment is not made, the claimant can initiate enforcement proceedings to recover the outstanding amount.