7. Responding to a Claim Flashcards
Within what time limit must a defendant respond following receipt of the Particulars of Claim?
14 days
What is the deemed date of service for first class post, services with next day delivery, and document exchange, where Particulars are not included with the claim form?
The second day (as long as it is a business day) after it was posted, left with, delivered to, or collected by the relevant service provider. If not a business day, then the next available business day
What is the deemed date of service for personal delivery, fax, electronic service, and personal service, where Particulars are not included with the claim form?
On the business day it is left at the address, transmitted, or served personally if this is before 4.30pm. If not, the next business day
What are the three things a defendant can do in their response?
- Admit the claim
- File and serve a defence to the claim, and possibly a counterclaim
- Acknowledge service and indicate they propose to defend the claim
How can the time limit to respond be extended, and what is the maximum extension?
By agreement of the parties.
For a further 28 days but not to exceed 56 days in total from the date of deemed service of the Particulars of Claim including the extra 14 days from filing the Acknowledgement.
What happens if the defendant admits the whole claim, and the amount at issue is a specified sum?
The court will issue a judgment for the amount
What will the court do if the claim is for an unspecified amount?
Stay the case and arrange a disposal hearing, to determine the appropriate level of damages
What must the defendant do if they admit only part of a claim?
They must file a defence for the part in dispute
What does it mean when a defendant admits liability but disputes quantum?
They accept responsibility for the breach, accident or event, but deny that it caused injury, damage, or loss to the extent claimed by the claimant
If a defendant wishes to withdraw an admission, what five things will the court consider in determining whether to grant permission for this?
- Prejudice to the parties
- Reasons the admission was made
- Stress the party was under when they made the admission
- Interests of the public
- The timing of the application of the application to withdraw
When will a defendant not have to file an Acknowledgement of Service?
If they file a defence within 14 days of service of the Particulars of Claim
What three things can the defendant achieve on the Acknowledgement of Service form?
- Indicate intention to dispute, but claim additional 14 days
- Admit some of the claim but ask for time to pay
- Dispute the jurisdiction of the court
What type of defendants will the above time limits not apply to?
Defendants outside the jurisdiction
What does it mean under the CPR when references to “day” or “days” is “clear day” or “clear days”?
As a default, the day on which the period begins is not included in the count. Further, if the end of the period is defined by reference to an event, the day on which that event occurs, is also not included
What happens if a time limit will expire on a day the court office is closed?
The time limit will be deemed to expire at the end of the next day on which the court office is open
