Admitting the Claim Flashcards
When must a D admit to a claim?
Within 14 days of deemed service of the particulars of claim
When does C not have a right to enter judgement?
If D is a child or protected party
When could the exact amount due be calculated immediately?
If the claim is a specified claim
What happens if D admits to part of the claim?
D will need to file a defence in relation to unadmitted balance
What happens if D admits an unspecified claim?
The quantum (i.e. amount of money) will need to be figured out
What is an offer of a sum in satisfaction?
If D does not wish to admit liability to pay the whole claim for unspecified amount, they can put in an offer
What happens if the D cannot pay it all straight away?
They can make a request for time to pay
How long is a judgement on public record for?
Six years
In specified claims, what will judgement comprise of?
1) Amount of claim including interest
2) Interest since date of issue
3) Court fees
4) Fixed costs
How is the amount of an unspecified claim determined?
By a quantum hearing
Can the Court apply interest if not outlined in the Contract between parties?
Yes