Acting for the Defendant

Question 1

What duties is the defendant charged with?

Answer 1

Explaining any defence they file and setting down why they submit that the claimant’s allegations are false or cannot be substantiated

Question 2

How long does the defendant have to enter a response to the claim?

Answer 2

14 days from deemed date of service of

Question 3

If the defendant does not provide a response to the claim within the time limit, what happens?

Answer 3

The claimant can apply for a judgment in default

Question 4

If counterclaim made, who has the burden of proof?

Answer 4

Defendant

Question 5

What are the options available to the defendant?

Answer 5

Admission, defence, AoS

Question 6

How much more time does the defendant have if they file an AoF?

Answer 6

28 days from deemed date

Question 7

Part 11

Answer 7

Gives the defendant an option of applying to the court for an order declaring that it has no jurisdiction or that it should not exercise any jurisdiction it may have

Question 8

Where a defendant makes an application under Part 11, they-

Answer 8

Should not file a defence before the hearing of the application as this is likely to be taken a a submission to the jurisdiction

Question 9

Likely orders under Part 11

Answer 9

For the claim form to be set aside, service of the claim form to be set aside, discharge of any order made before the proceedings and a stay

Question 10

How can an AoS be amended or withdrawn?

Answer 10

Only by permission of the court following an application with evidence

Question 11

If an admission is made-

Answer 11

The matter will conclude without a trial

Question 12

An admission must be-

Answer 12

A clear admission of liability

Question 13

Rule 14.1

Answer 13

Any party may admit the truth of the whole or any part of another party’s case at any stage of the proceedings by giving notice in writing

Question 14

When the defendant makes an admission-

Answer 14

The claimant is entitled to apply for judgment and the court will make such judgment as it appears the applicant is entitled to on the admission

Question 15

If a claim for a specified sum is admitted in full then under r14.4-

Answer 15

The claimant should file a request for judgment in the prescribed form and judgment will be entered for that amount for fixed costs (modest)

Question 16

If a claim for an unspecified sum is admitted in full then under r14.6-

Answer 16

A judgment may be entered by filing a request but it will be a judgment on liability with the amount to be decided later by the court

Question 17

In deciding the time and rate of payment following an admission, the court will take into account- (3)

Answer 17

Statement of means, the claimant’s objections to the defendant’s request and any other relevant factors

Question 18

Who determines the level of instalments?

Answer 18

A judge or a court officer (if specified less than £50k)

Question 19

If first instalment determination taken by a court officer, then-

Answer 19

Re-determination can take place without a hearing

Question 20

If first instalment determination taken by a judge, then-

Answer 20

Re-determination must take place at a hearing unless the parties agree otherwise

Question 21

Rule 15.2

Answer 21

A defendant who wishes to defend all or part of a claim must file a defence

Question 22

Rule 15.6

Answer 22

A copy of the defence must be served on any other party

Question 23

Types of defence

Answer 23

Procedural, to the cause of action, to the claim for damages

Question 24

Rule 12.3

Answer 24

If a defence is not filed within the prescribed time, judgment in default may be entered in favour of the claimant

Question 25

Exceptions to the 14-day rule for filing a defence

Answer 25

Where the claimant applied for a summary judgment under Part 24 extended to after the hearing and where the defendant disputes jurisdiction extended to after the jurisdiction hearing

Question 26

By r15.5, how much can the period for filing the defence be extended by consent?

Answer 26

A further 28 days

Question 27

If you want an extension for filing a defence longer than 28 days from the original 28 days, what needs to be done?

Answer 27

An application to the court needs to be made

Question 28

What is required in a defence? (2-4)

Answer 28

Statement of value, address for service and for PI medical report and schedule of past and future loss and expense

Question 29

If the defendant fails to deal with an allegation-

Answer 29

They will be deemed to have admitted that allegation

Question 30

If the defendant has clearly addressed the issue in their defence but just not specifically related it to the allegation-

Answer 30

They will not be deemed to have admitted it

Question 31

For each allegation, the defendant has the following options-

Answer 31

Admit it, deny it, make no admissions, seek to shift the blame

Question 32

What’s the effect of making no admissions?

Answer 32

It leaves the claimant with the burden of proving their allegation or fact

Question 33

When does a counterclaim arise?

Answer 33

Where the defendant says that they have a right of action against the claimant

Question 34

Counterclaims are classed as-

Answer 34

Additional claims under Part 20

Question 35

Does a claim form need to be completed in respect of a counterclaim?

Answer 35

No but an issue fee needs to be paid

Question 36

A counterclaim can be made without the permission of the court-

Answer 36

Provided that it is made at the same time or before the defence is filed

Question 37

Setoff

Answer 37

A money claim which the defendant has against the claimant

Question 38

What does a setoff do?

Answer 38

It provides a technical legal defence to the claim in that the amount of the counterclaim is set against the amount of the claim

Question 39

Circumstances in which setoffs arise

Answer 39

Claimant owes a separate debt to the defendant, good sold of not satisfactory quality, service supplied without reasonable care and skill

Question 40

Rule 20.5

Answer 40

Counterclaim against a person other than the claimant

Question 41

Counterclaim against a person other than the claimant

Answer 41

It’s a counterclaim but to which the defendant wishes to add other parties as defendants to the counterclaim, court permission required

Question 42

Rule 20.6

Answer 42

Defendant’s additional claim for contribution or indemnity from another party, done by serving a notice setting out the grounds of their claim within 28 days of filing the defence, otherwise permission required

Question 43

Rule 20.7

Answer 43

The Part 20 claim form must be issued at court either before or at the same time as filing the defence, otherwise permission reuqired

Question 44

Rule 20.8

Answer 44

The Part 20 claim form must be served within 14 days of which it is issued

Question 45

What needs to be served with a Part 20 claim form?

Answer 45

PofP20C, response pack, every statement of case already served

Question 46

If the additional party is not already a party-

Answer 46

They must serve an AoS and defence

Question 47

If no defence filed by the additional party-

Answer 47

They will be deemed to admit the main action and be bound by the outcome of it so far as it relates to them by the additional claim made against them by the defendant

Question 48

The reply

Answer 48

A statement of case that responds to a defence

Question 49

Rule 16.7

Answer 49

There is no obligation on the claimant to serve a reply and no admissions are to be implied from the absence of one

Question 50

Part 3

Answer 50

Striking out of a claim

Question 51

The defendant may make an application tto dismiss the claim if-

Answer 51

The claim raises no proper cause of action or is an abuse of process or on the basis that there has been a failure to abide by an order of a court