7. Responding to a Claim Flashcards
Within what time of the date of deemed service of the Particulars of Claim must a defendant respond to a 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 part or all of the claim
- File and serve a defence to the claim, and possibly a counterclaim
- Acknowledge service and indicate they propose to defend the claim
If the defendant files an acknowledgement of service, how much additional time from the filing are they given to respond?
14 more days
14 days to respond acknowledging service, plus 14 days additional
How can this possible 28 day 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
14 days to respond acknowledging service, plus 14 days additional, plus 28 further days if parties agree
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
If a defendant admits a claim during the protocol, what is the monetary threshold below which such an admission will be binding?
£25,000
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
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?
- Consent of the person to whom the admission was made, or
- With court permission, if after commencement
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
However it may still be advisable to file an acknowledgement to have more time to work on a defence, as it extends the initial deadline for service of the defence from 14 days to 28 days from 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 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?
Claimant can make a claim for default judgment
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
To reiterate, the date of deemed service of what document is the starting point for calculating when the defence is due?
Particulars of Claim
If the claimant wishes, what two things can they apply for when the defendant files an Acknowledgement of Service?
- Summary judgment
- Interim payment
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?
They must not file a defence, as this may be deemed to be submitting to the court’s jurisdiction
If the claimant is granted judgment in default because of the defendant’s failure to respond, what two things must the defendant show in order to have default judgment set aside?
- They have a real prospect of successfully defending the claim, and
- Some other good reason why the judgment should be set aside
What are the four ways in which a default judgment could have been wrongly entered?
- Judgment entered before time limit expired
- Application for judgment came after an application by defendant to strike out/dismiss the claim, and this application hasn’t yet been considered
- Claim already paid or settled
- Defendant already submitted a request to pay which has not yet been considered
