7. Responding to a Claim

Question 1

Within what time limit must a defendant respond to a claim after the date of deemed service of the Particulars of Claim, where it is not included with the claim form?

Answer 1

14 days

Question 2

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?

Answer 2

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

Question 3

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?

Answer 3

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

Question 4

What are the three things a defendant can do in their response?

Answer 4

1. Admit the claim
2. File and serve a defence to the claim, and possibly a counterclaim
3. Acknowledge service and indicate they propose to defend the claim

Question 5

How can the time limit to respond be extended, and what is the maximum extension?

Answer 5

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.

Question 6

What happens if the defendant admits the whole claim, and the amount at issue is a specified sum?

Answer 6

The court will issue a judgment (bill) for the amount owed

Question 7

If a defendant admits a claim in the protocol, what is the monetary threshold below which such an admission will be binding?

Answer 7

£25,000

Question 8

What will the court do if the claim is for an unspecified amount?

Answer 8

Stay the case and arrange a disposal hearing, to determine the appropriate level of damages

Question 9

What must the defendant do if they admit only part of a claim?

Answer 9

They must file a defence for the part in dispute

Question 10

What does it mean when a defendant admits liability but disputes quantum?

Answer 10

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

Question 11

If a defendant wishes to withdraw an admission, what five things will the court consider in determining whether to grant permission for this?

Answer 11

1. Prejudice to the parties
2. Reasons the admission was made
3. Stress the party was under when they made the admission
4. Interests of the public
5. The timing of the application of the application to withdraw

Question 12

In a personal injury, clinical negligence, and disease/illness claim, if the defendant wishes to withdraw an admission that came after a letter of claim, one of what two things are required?

Answer 12

1. Consent of the person to whom the admission was made, or
2. With court permission, if after commencement

Question 13

When will a defendant not have to file an Acknowledgement of Service?

Answer 13

If they file a defence within 14 days of service of the Particulars of Claim

Question 14

However, why might a defendant still want to file an Acknowledgement of Service?

Answer 14

To get more time, as it is it extends the initial deadline for service of the defence from 14 days to 28 days from service of the Particulars of Claim

Question 15

What three things can the defendant achieve on the Acknowledgement of Service form?

Answer 15

1. Indicate intention to dispute, but claim additional 14 days
2. Admit some of the claim but ask for time to pay
3. Dispute the jurisdiction of the court

Question 16

What type of defendants will the above time limits not apply to?

Answer 16

Defendants outside the jurisdiction

Question 17

What can the claimant do if the defendant files neither a defence nor an Acknowledgement of Service within 14 days, and there has been no extension agreed?

Answer 17

Claimant can make a claim for summary judgment (judgement without full trial)

Question 18

What does it mean under the CPR when references to “day” or “days” is “clear day” or “clear days”?

Answer 18

Days reckoned from one day to another with the exclusion of both the first day and the last day

Question 19

What happens if a time limit will expire on a day the court office is closed?

Answer 19

The time limit will be deemed to expire at the end of the next day on which the court office is open

Question 20

To reiterate, the date of deemed service of what document is the starting point for calculating when the defence is due?

Answer 20

Particulars of Claim

Question 21

If the claimant wishes, what two things can they apply for when the defendant files an Acknowledgement of Service?

Answer 21

1. Summary judgment
2. Interim payment

Question 22

If the defendant disputes jurisdiction and has indicated such on the Acknowledgement of Service, what must they not do until the application is heard, and why?

Answer 22

They must not file a defence, as this may be deemed to be submitting to the court’s jurisdiction

Question 23

If a defendant has had a default judgment entered against them because of their failure to respond, what two things must they show in order to have this judgment set aside?

Answer 23

1. They have a real prospect of successfully defending the claim, and
2. Some other good reason why the judgment should be set aside

Question 24

What are the four ways in which a default judgment could have been wrongly entered?

Answer 24

1. Judgment entered too early
2. Application for judgment came after an application by defendant to strike out/dismiss the claim, and this application hasn’t yet been considered
3. Claim already paid or settled
4. Defendant already submitted a request to pay which has not yet been considered

Question 25

When can D apply to the court to set aside default judgements

Answer 25

Court MUST set aside [judgement was wrongly entered]
Time limit hadn’t expired/had filed on time/etc.

Court MAY set aside [judgement was correctly entered]
But D has a real prospect of success of successfully defending the claim/some other good reason to set aside the judgement (OO)
Treated as applications for relief from sanctions [Denton]

Question 26

who is the respondent in the claim? Who is the applicant

Answer 26

person defending the claim = respondent

person bringing the claim = applicant