Claim forms contents MCQs Flashcards
Jones Limited issued a claim against Woolly Jumpers Limited claiming £20,000, the price of goods sold and delivered. Woolly Jumpers Limited wishes to defend the claim.
Which ONE of the following statements is WRONG?
If Woolly Jumpers Limited fails to deal with an allegation made in the Particulars of Claim, Woolly Jumpers Limited will be taken to admit it, unless the allegation relates to the amount of money being claimed by Jones Limited or unless the allegation is inconsistent with the nature of the case set out in the Defence.
If Jones Limited decides not to file a Reply, Jones Limited will not be taken to admit matters raised in the Defence of Woolly Jumpers Limited.
If Woolly Jumpers Limited denies any of the allegations made against it, Woolly Jumpers Limited must, in its Defence, state its reasons for doing so and must state its own version of events, if different from that given by Jones Limited.
If Woolly Jumpers Limited admits any part of the claim, Woolly Jumpers Limited does not need to state this in its Defence, as the Defence must contain only those allegations which Woolly Jumpers Limited denies.
If Woolly Jumpers Limited admits any part of the claim, Woolly Jumpers Limited does not need to state this in its Defence, as the Defence must contain only those allegations which Woolly Jumpers Limited denies.
This statement is WRONG and is therefore the CORRECT answer. The Defence must state which of the allegations in the Particulars of Claim are denied, which the claimant is required to prove AND which are admitted. See CPR rule 16.5(1).
Where a defendant denies an allegation, he must state his reasons for doing so, and, if he intends to put forward a different version of events from that given by the claimant, he must state his own version. See CPR rule 16.5(2).
Subject to the stated exceptions, a defendant who fails to deal with an allegation in the Defence shall be taken to admit it. See CPR rule 16.5(5).
A claimant who does not file a Reply shall not be taken to admit the matters raised in the Defence. See CPR rule 16.7.
Which of the following answers correctly describes the time limits imposed by the CPR?
A The company must file a full defence within 14 days and in any event by Tuesday
25 May.
B If the company files an acknowledgment of service within 14 days, they have until
Tuesday 8 June to file a full defence.
C If the company files an acknowledgement of service on Thursday 13 May, they have
until Thursday 27 May to file a full defence.
D If the company files an acknowledgment of service on Friday 14 May, the claimant may
apply for default judgment 14 days thereafter.
E If the company fails to respond to the proceedings, the first date on which the claimant
could apply for default judgment is Tuesday 25 May.
Answer
Option B is the correct answer. The company has 14 days, so until Tuesday 25 May, to file
either an acknowledgment of service or a full defence – hence, option A is wrong. If an
acknowledgement of service is filed within 14 days, the deadline to file the defence is
extended to 28 days from service of the particulars of claim, so until Tuesday 8 June (option
B). The effect is not to ‘add’ 14 days to the date when the acknowledgment of service was
filed and this is why option C is wrong. For the same reason, option D is wrong.
The claimant may apply for default judgment after 14 days if the defendant fails to respond at
all. However, as the company has until close of business on Tuesday 25 May to do so, the first
date on which an application for judgment in default could be made is Wednesday 26 May –
explaining why option E is wrong.
Question 1
A company (the claimant) owns an office building on a business park. When making a
delivery of office supplies to the claimant, the defendant loses control of his van and
crashes into the reception causing extensive damage. The cost of rebuilding has been
assessed as £32,500. The defendant is refusing to accept liability and so the claimant
issues proceedings in the County Court.
Which of the following statements best describes how the claimant should make a claim
for interest?
A The claimant should claim interest pursuant to any relevant term in the contract
between it and the defendant.
B The claimant need not claim interest as this will be automatically added to the claim if
successful.
C The claimant should set out the basis of its entitlement to interest, but need not
calculate the amount owing.
D The claimant must precisely calculate the amount of interest which has accrued up to
the date of proceedings.
E The claimant must precisely calculate the amount of interest which has accrued up
to the date of proceedings as well as the daily rate of interest which will continue to
accrue.
Answer
Option C is correct. The court may award interest, but only if it is claimed – as a result,
option B is wrong.
As the claim is for damages, and is therefore unspecified in nature, all the claimant
is required to do is to set out the basis of its entitlement to interest. In this case, that
entitlement comes from s 69 of the County Courts Act 1984. Although there may be a
contract between the claimant and the defendant, most likely that contract will be limited to
the supply of goods by the defendant to the claimant. Any term for interest in that contract will presumably only exist for the benefit of the defendant should the claimant be late in
paying any invoices for the supply of those goods. Option A therefore is unlikely to represent
the best option on the facts.
It is only when the claim is specified in nature (a claim for monies owing in debt) that the
claimant must precisely calculate both the amount of interest which has accrued and the daily
rate of interest that will continue to accrue. For this reason, options D and E are both wrong.
