8.7 Responding To A Claim

Question 1

What does it mean if a claim is “set off?”

Answer 1

Defendant maintains that they have a right to withhold the payment or sum of money that the claimant is claiming because they owe them money

Question 2

A response to a claim is required when

Answer 2

The particulars of claim is served

Question 3

After the claim form is served how long does the claimant have to serve the particulars of claim

Answer 3

14 days

Question 4

The defendant has X amount of days from service of the claim form to, X =

Answer 4

14 days

Question 5

Following the particulars of claim and 14 calendar days the defendant must

Answer 5

Either
1. Admit the claim
2. File a defence
3. File an acknowledgement of service

Question 6

An acknowledgment of service extends the period of time for the defendant to file a defence by

Answer 6

An extra 14 days
Which totals 28 calendar days after the service of the particulars of claim

Question 7

If served outside of the jurisdiction the time to admit the claim, file a defence or an acknowledgment of service is based on

Answer 7

Where the defendant has been served

Question 8

If the permission of the court is not required to serve the claim form out of the jurisdiction, the time for responding to the claim is set out in

Answer 8

A table at the end of the CPR Practice Direction 6B

Question 9

Parties can agree to extend the deadline for filing a defence by

Answer 9

Up to 28 days
Anything beyond this they must seek the permission of the court

Question 10

Application to extend the deadline to file a defence must be supported by

Answer 10

Evidence to explain that it is reasonable that further time be given to

Question 11

A defendant can contest jurisdiction by

Answer 11

Ticking a box on the acknowledgment of service form
The defendant should not take any other steps in the proceedings

Question 12

When contesting the jurisdiction the defendant should be careful not to

Answer 12

Take any further step in the proceedings in relation to a defence
This can result in submission to the jurisdiction

Question 13

To not submit to the jurisdiction the defendant must not

Answer 13

Contest the case on its merits

Question 14

An acknowledgment of service extends the deadline for defence by

Answer 14

14days

Question 15

A defendant seeking to dispute jurisdiction must (steps)

Answer 15

File an acknowledgment of service
Avoid any steps that are considered as submitting to the jurisdiction
File an application to the court supported by evidence within 14 days of filing an acknowledgment of service

Question 16

An admission usually means

Answer 16

The defendant is liable to pay the claimants costs

Question 17

A counterclaim can be a

Answer 17

Defence to the main claim if a set off can apply

Question 18

Where a defendant believes they have a claim against a third party in connection with the claim brought against them by the claimant they can issue a

Answer 18

Part 20 claim against a third party

Question 19

If the defendant does not file an acknowledgment of service or defence within the prescribed period for a response the claimant can apply for

Answer 19

A judgement in default without the need of a hearing

Question 20

Judgement in default is

Answer 20

A judgement without a hearing

Question 21

Claimant can file a request for a default judgement if the claim is

Answer 21

For money
Money to be decided by the court
Delivery of goods where the claim gives the defendant an alternative way to pay

Question 22

A defendant can apply to have a default judgement set aside on

Answer 22

Mandatory grounds
& discretionary grounds

Question 23

Mandatory grounds to have a default judgement set aside

Answer 23

Where the defence or acknowledgment of service has been served
The d has applied for a strike out or summary judgement

Question 24

Summary judgement

Answer 24

Judgement without trial