3.1): Responding to a Claim

Question 1

What are the 3 ways a defendant can respond when served with the particulars of claim?

Answer 1

Included in the response pack (N9):

file acknowledgment of service

file a defence and/or counterclaim

file an admission

Question 2

What are the time limits for responding to a claim?

Answer 2

defendant has 14 days to respond to the service of particulars of claim (not the claim form alone, unless it has particulars of claim attached)

if the defendant ignores the claim, claimant will apply for judgment in default.

Question 3

What is the process for admission of a whole claim for specified claims (debt claims)?

Answer 3

1. defendant must provide:

details of income, expenditure, proposal of payment (FORM N9A)

2. Claimant must:

accept proposal

OR

object proposal and court decides appropriate rate of payment

Question 4

What is the process for admission of a part claim for specified claims (debt claims)?

Answer 4

1. defendant may admit only a part of claim for specified amount
2. Claimant must (within 14 days):

accept part admission in full satisfaction

OR

accept part admission but reject payment proposal and let the court decide

OR

reject offer and proceed with claim

Question 5

What is the process for admission of a claim (no offer made) for unspecified damages (damages claims)?

Answer 5

1. defendant admits liability but no offer is made (Form N9C)
2. Court will send Form N9C to claimant for completion and return within 14 days
3. claimant requests judgment to be entered and for court to decide damages (disposal hearing).

Question 6

What is the process for the admission of a claim (offer made) for unspecified damages (damages claims)?

Answer 6

1. Defendant admits ;liability and makes offer
2. claimant decides to reject or accept offer
3. if offer accepted, judgment will be entered for the amount offered
4. If offer rejected, disposal hearing held to enter judgment for damages

Question 7

What is the process for filing an acknowledgment of service?

Answer 7

extends the period to file a defence from 14 to 28 days after service of particulars of claim

part of response pack (Form N9)

Question 8

What is the process for filing a defence to a claim?

Answer 8

defence must be filed within 14 days of service of particulars of claim (28 days if defendant files A of Service).

filing of defence can be extended by agreement between the parties, to 28 days max.

Question 9

How is a counterclaim filed?

Answer 9

as part of defendant’s response to the claim

Question 10

What is the process for disputing the court’s jurisdiction?

Answer 10

1. must be indicated on A of Service
2. application made to court within 14 days disputing its jurisdiction
3. application must be supported by evidence why England and Wales is not the correct forum
4. if granted: claim set aside and proceedings closed.

Question 11

When can a claimant enter a judgment in default?

Answer 11

if defendant does not file A of Service or defence within time limit

Question 12

How are specified and unspecified claims calculated in a judgment in default?

Answer 12

specified: calculated for final sum of money and proceeds to enforcement

unspecified: judgment is for damages determined at disposal hearing

Question 13

What are the grounds on which a judgment in default can be set aside?

Answer 13

1. mandatory grounds:

judgment entered before expiry of time for filing A of Service or defence OR claim has been paid in full

2. Discretionary grounds:

real prospect of successfully entering a defence; OR

some other good reason why judgment should be set aside.

Question 14

What filing requirements are needed for an application to set aside a judgment in default?

Answer 14

prompt application notice (Form N244)

witness statement

Question 15

What orders can the judge make in an application to set aside a judgment in default?

Answer 15

1. judgment is set aside, defendant allowed to continue defending court proceedings; OR
2. judgment stands and claimant can enforce the judgment; OR
3. judgment is set aside on condition that defendant pays monies into court

Question 16

What is the process for a discontinuance?

Answer 16

1. halts the action
2. claimant may discontinue without leave of court (unless court granted interim injunction or any party has given undertaking to the court)
3. if claimant received interim payment, defendant must consent in writing or court gives permission
4. claimant must file a discontinuance stating a copy has been served to all parties with copy of consent attached
5. claimant will be liable for legal costs on standard basis

Question 17

What is the process for a settlement?

Answer 17

If Pre-Action:

consent order drafted to end proceedings in return for settlement sum

if after proceedings issued:

consent order: terms of settlement can be recorded in formal court order

Tomlin order: court order where claim is stayed on agreed terms in a confidential schedule attached to the order

Question 18

What are the statements of case?

Answer 18

1. formal docs where each party sets out their case
2. includes:

claim form

particulars of claim

defence

reply to defence

Question 19

What is the purpose of the statements of case?

Answer 19

1. identify issues to be determined, thus allowing parties to direct their evidence and submissions on law
2. they should only plead:

material facts (no evidence)

facts relevant to the action (not background facts)

refer to any point of law on which claim/defence is based

name any witnesses a party proposes to call

attach any docs necessary to claim/defence

Question 20

What are the restrictions on the statements of case?

Answer 20

court won’t usually allow a party to pursue an issue/claim a remedy not stated in statements of case unless addressed in subsequent documentation

subsequent statement of case must not contradict/ be inconsistent with an earlier one

Question 21

What is the purpose and structure of a claim form (Form N1)?

Answer 21

1. Heading: details of relevant court, claim number assigned, date of issue
2. Parties: defendant’s full name and postcode (or claim is struck out)
3. Brief details of claim: concise statement of nature of claim and remedy sought
4. Statement of value: specified/unspecified + court fee payable on issue (max. 10k)
5. Preferred County Court hearing centre
6. Defendant’s/ solicitor’s address for service
7. Particulars of claim: sets out details of claim in claim form or separately through particulars of claim
8. statement of truth signed by claimant/solicitor
9. claimant’s address for service

Question 22

What information is required for specified and unspecified claims on the claim form (N1)?

Answer 22

1. specified: amount claimed + interest
2. unspecified: in county court must state one of the following values:

• not more than 10k
• more than 10k but not more than 25k
• more than 25k
• cannot say how much they expect to recover

Question 23

What is the structure and content of a claim form in Contract (particulars of claim)?

Answer 23

1. Parties and status: sets out parties + confirms status
2. Facts: chronological + only material facts
3. contract terms: establish existence of contract + if written, include a copy
4. Breach alleged: specific breach/es
5. Consequence of breach: nature of losses (direct/indirect) caused by defendant
6. Damages: damage and losses alleged + itemise
7. interest: only for claims of specified damages
8. statement of truth: confirms facts are true, signed by claimant/solicitor

Question 24

What is the structure and content of a claim form in Tort (particulars of claim)?

Answer 24

1. Parties and status: sets out parties + confirms status
2. Facts: chronological + material facts only
3. Relevant duty of care: and why defendant owed it to claimant
4. Breach alleged: specify breach of duty of care
5. causation: sets out causation + link to defendant
6. Damages: if claiming specified/unspecified
7. Interest: only for claims of specified damages
8. statement of truth: confirms facts are true, signed by claimant/solicitor

Question 25

What must be set out in claims for specified or unspecified damages in Tort?

Answer 25

specified: set out nature and amount of losses unspecified: indicate range of damages sought

Question 26

What is the purpose and content of a defence to a claim in contract and tort?

Answer 26

the defence must respond to each allegation in particulars of claim if defendant fails to do so is taken to admit the allegation/s (rule of implied admissions)

Question 27

What are the ways in which a defendant may respond to an allegation/s in the particulars of claim?

Answer 27

admit the allegation non-admission: require proof from claimant. This is done where defendant has no knowledge of the matter alleged deny the allegation: explain reasons, offer own version of events

Question 28

What is the content of a defence?

Answer 28

1. Court: name set out 2. claim number 3. Parties: full names 4. Titles: doc should be clearly headed 'DEFENCE' 5. Point by point response: ensure each allegation is admitted, not admitted or denied. Details of allegations by the defendant also given. 6. Legal representative: date + signature of solicitor in name if the firm 7. statement of truth: confirms facts are true, signed by claimant/solicitor.

Question 29

What is the purpose and structure to a reply to a defence?

Answer 29

may be necessary where defence has raised issues mot included in particulars of claim if claimant does not file a reply is not taken to admit matters raised in the defence

Question 30

What is a Part 20 claim?

Answer 30

Part 20 (Additional Claims): either a: counterclaim; OR Additional Claim: claim by defendant for a contribution, indemnity or other remedy from a 3rd person whether they are party to proceedings or not.

Question 31

When is court permission required to make a counterclaim?

Answer 31

only if particulars of counterclaim are filed after the defence

Question 32

What are the filing requirements for a counterclaim?

Answer 32

claimant must file a defence to counterclaim within 14 days (or defendant may enter judgment in default) defence and counterclaim should be titled 'DEFENCE AND COUNTERCLAIM', divided in 2 sections in a single doc drafting rules applying to particulars of claim should be followed here

Question 33

What are the filing requirements for additional claims?

Answer 33

if filed at same time as defence, court permission not required particulars of additional claim must be served with defence in a single doc

Question 34

What are the timing requirements for responding to a counterclaim?

Answer 34

claimant has 14 days to file a defence to a counterclaim extension of max. 28 days can be agreed by the parties claimant must file defence to counterclaim to prevent judgment in default.

Question 35

What is a Part 18 Request?

Answer 35

a request for further information

Question 36

What are the responsibilities of each party in a Part 18 request?

Answer 36

1. Party requesting further info must: - serve written request on other party + allow reasonable time to respond - ensure request is concise, relevant + proportionate - be headed w name of court, title, claim no. + be identified as Part 18 request 2. Receiving party must: - respond in writing (dated + signed by solicitor) -serve response on all parties and file with the court - accompany response with statement of truth

Question 37

What are the time limits for amendments to the statement of case BEFORE the expiry of the limitation period?

Answer 37

before service: at any time after service: -with written consent of all parties; OR - with permission of the court (court has discretion to grant application by weighing up injustice to the claimant/ defendant if amendment is refused/permitted).

Question 38

What are the time limits for amendments to the statement of case AFTER expiry of the limitation period?

Answer 38

1. if limitation period expired then defendant has an absolute defence 2. the court may only allow an amendment: - to add/ substitute a new claim arising from same/substantially the same claim; OR - to correct a genuine mistake as to name of a party; OR - to alter the capacity in which a party claims