Admitting the Claim Flashcards

1
Q

When must a D admit to a claim?

A

Within 14 days of deemed service of the particulars of claim

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2
Q

When does C not have a right to enter judgement?

A

If D is a child or protected party

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3
Q

When could the exact amount due be calculated immediately?

A

If the claim is a specified claim

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4
Q

What happens if D admits to part of the claim?

A

D will need to file a defence in relation to unadmitted balance

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5
Q

What happens if D admits an unspecified claim?

A

The quantum (i.e. amount of money) will need to be figured out

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6
Q

What is an offer of a sum in satisfaction?

A

If D does not wish to admit liability to pay the whole claim for unspecified amount, they can put in an offer

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7
Q

What happens if the D cannot pay it all straight away?

A

They can make a request for time to pay

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8
Q

How long is a judgement on public record for?

A

Six years

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9
Q

In specified claims, what will judgement comprise of?

A

1) Amount of claim including interest
2) Interest since date of issue
3) Court fees
4) Fixed costs

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10
Q

How is the amount of an unspecified claim determined?

A

By a quantum hearing

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11
Q

Can the Court apply interest if not outlined in the Contract between parties?

A

Yes

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