Admitting a Claim Flashcards
When should a defendant file an admission of a claim?
A) Within 14 days of service of the particulars of claim.
B) Within 28 days of service of the claim form.
C) Anytime before the trial starts.
D) Within 7 days of service of the acknowledgment of service.
A) Within 14 days of service of the particulars of claim.
Explanation: Under CPR 14, the defendant must submit an admission within 14 days unless an acknowledgment of service has been filed, in which case they have 28 days to respond.
What is the effect of an admission of an unspecified claim?
A) The court immediately enters judgment for the amount claimed.
B) The claimant must request judgment, and quantum will be determined at a later hearing.
C) The court will strike out the defence and impose a costs penalty.
D) The defendant has the right to withdraw the admission at any time.
B) The claimant must request judgment, and quantum will be determined at a later hearing.
Explanation: Under CPR 14.6, admitting an unspecified claim allows the court to enter judgment on liability, but quantum is assessed later.
What happens if a defendant admits only part of a specified claim?
A) The claimant can request judgment on the admitted part, and the remainder goes to trial.
B) The entire claim is dismissed unless the defendant agrees to pay the full amount.
C) The court automatically enters judgment for the full amount.
D) The defendant must provide evidence proving why they do not accept the full claim.
D) The defendant must provide evidence proving why they do not accept the full claim.
Explanation: Under CPR 14.5, a partial admission means the defendant must file a defence for the disputed portion.
A defendant admits a specified claim for £15,000 but cannot pay immediately. What should they do?
A) Apply to have the claim dismissed.
B) Request to pay in instalments by completing the admission form with financial details.
C) Wait until enforcement proceedings begin and negotiate payment terms.
D) File a counterclaim to reduce the amount owed.
D) File a counterclaim to reduce the amount owed.
Explanation: Under CPR 14.9, the defendant can request time to pay, and the claimant can accept or challenge the proposal.
A claimant has issued a specified claim. The defendant admits it in full but does not make any payment. What can the claimant do next?
A) Issue enforcement proceedings immediately.
B) Request judgment, including interest, court fees, and fixed costs.
C) Accept the admission and allow the defendant time to pay.
D) Withdraw the claim and restart proceedings later.
B) Request judgment, including interest, court fees, and fixed costs.
Explanation: Under CPR 14.4, the claimant can request judgment for the full amount plus interest and costs.
A defendant admits a specified claim and pays in full within 14 days of service. What happens next?
A) The case is closed, and no judgment is entered.
B) The claimant can still request judgment.
C) The defendant will receive a reduced penalty.
D) The court will impose a fine on the defendant for late payment.
A) The case is closed, and no judgment is entered.
Explanation: Under CPR 14.2, if a specified claim is admitted and paid in full within 14 days, no judgment is entered.
A company admits liability in an unspecified claim but offers £10,000 in settlement. The claimant does not accept the offer. What happens next?
A) The claim is dismissed.
B) The court will assess the appropriate amount at a later hearing.
C) The defendant must increase the settlement offer.
D) The court will strike out the defendant’s admission.
D) The court will strike out the defendant’s admission.
Explanation: Under CPR 14.7, if the claimant rejects an offer, the court will decide quantum.
A defendant admits a specified claim but proposes to pay in 12 monthly instalments. The claimant does not agree. What happens next?
A) The claimant must accept the payment terms.
B) The defendant must pay in full immediately.
C) The court will determine the repayment schedule.
D) The case automatically goes to trial.
C) The court will determine the repayment schedule.
Explanation: Under CPR 14.10, the court will decide the payment terms if the parties do not agree.
A claimant issues a specified claim. The defendant admits it but does not respond to the request for judgment. What should the claimant do?
A) Apply for summary judgment.
B) Request default judgment.
C) File a counterclaim.
D) Seek a stay of proceedings.
D) Seek a stay of proceedings.
Explanation: If the defendant admits but does not respond, the claimant can request judgment under CPR 14.4.
A defendant admits an unspecified claim in full. What should the claimant do next?
A) Request judgment on liability, with quantum to be determined later.
B) Demand immediate payment of a fixed sum.
C) Apply for a summary judgment hearing.
D) Wait for the defendant to make a settlement offer.
A) Request judgment on liability, with quantum to be determined later.
Explanation: Under CPR 14.6, if the whole of an unspecified claim is admitted, the court enters judgment on liability first, and quantum is decided later at a separate hearing.
