counting time (week 2)

Question 1

when does acknowledgment of service happen? (2 scenarios)

Answer 1

if unable to serve a defence in time and need longer than 14 days
wishes to dispute that the court has jurisdiction to hear the claim

Question 2

when does the date start for filing an acknowledgment of service?

Answer 2

date starts after service of the particulars of claim

Question 3

if the claim form and particulars are together - when does the acknowledgement of service start?

Answer 3

it starts after the service of the claim form

Question 4

if D does not file acknowledgment of service - when must it file its defence?

Answer 4

14 days of the deemed date of service of the particulars of claim

Question 4

if D does file an acknowledgment of service indicating an intention to defend - when is the deadline for serving a defence?

Answer 4

28 days after the deemed date of service of the particulars of claim

Question 5

what is the maximum time that the D and C can agree to an extension of time for serving the defence?

Answer 5

up to 28 days

Question 6

what is the overall maximum days that a defendant has from deemed date of service to filing a defence without the need to apply to the court?

Answer 6

up to 56 days
(28 days = by filing an acknowledgment of service)

Question 7

what happens if a D admits the whole of a specified claim?

Answer 7

if admit whole of specified claim then the exact amount due can be calculated immediately

Question 8

what happens if D admits part of a claim?

Answer 8

the D will state the amount of the claim that is admitted, and the balance will remain in dispute.

Question 9

what does a specified claim judgment comprise of? (4 things)

Answer 9

amount of the claim/debt
interest since date of issue
court fees
fixed costs

Question 10

when should money be payable after a party has entered judgment following the claim being admitted? (what is the time frame?)

Answer 10

judgment is payable by the D within 14 days

Question 11

what are the 4 key ways that you can count time?

Answer 11

rule 1 = clear days; days on which period begins
rule 2 = clear days; end of period defined by reference to an event
rule 3 = clear days; days which do not count
rule 4 = deadlines on days which the office is closed

Question 12

what does rule 1 = clear days; days on which period begins mean?

Answer 12

the day on which a period begins is never included so you would always start counting on the following day
eg, day particulars are served is day 0

Question 13

what does rule 2 = clear days; end of period defined by reference to an event mean?

Answer 13

the day of the trial or hearing doesnt count. therefore, if the end of the period is defined by reference to an event then this day DOES NOT COUNT

Question 14

what does rule 3 = clear days; days which do not count mean?

Answer 14

when the specified days is 5 days or less then any Saturday, Sunday, bank holiday, Christmas Day, good Friday DOES NOT COUNT

Question 15

what does rule 4 = deadlines on days on which the office is closed mean?

Answer 15

this ONLY applies to acts which need to be done at the court office.
the act is treated as being on time, if done on the next day on which the court office is open.

Question 16

when does a court HAVE to set aside judgment?

Answer 16

if the judgment is wrongly entered
eg, defence hadn’t actually expired
defence or forms had been filed on time

Question 17

when does a court have DISCRETION as to when a judgment is set aside?

Answer 17

if judgment was entered correctly but there is evidence which shows a ‘real prospect of successfully defending the claim’

Question 18

what is a statement of case?

Answer 18

documents which a claimant sets out the factual basis of its claim and the relief sought, and the D gives its own position in relation to the alleged facts and the alleged entitlement of relief.