CPR 10 and CPR 16 - Ack of Service/Statement of Case

Question 1

CPR 10.1 - Acknowledgment of Service

Answer 1

If Pt 8 used, must follow Pt 8 procedure.

D may file AoS if he is unable to file defence (14 days after PoC) or he wishes to dispute court’s jurisdiction

Question 2

CPR 10.2 - Consequences of not filing AoS

Answer 2

If D fails to file AoS within 14 days of PoC and doesn’t file an admission, C may seek default judgment (CPR 12)

Question 3

CPR 10.3 - Period for filing an AoS

Answer 3

D must file AoS 14 days after receipt of PoC (if PoC to come after CF).

In other cases, 14 days after CF.

Question 4

CPR 16.1 - Statement of Case - Pt 8?

Answer 4

Doesn’t apply to Pt 8

Question 5

CPR 16.2 - Contents of SoC

Answer 5

• Statement of facts relied upon
• Remedy sought
• If Money case, statement of valuation
• If Specified sum - interest accrued
• Any other matters in PD’s.
• if PoC to follow, must state this
• Representative - what capacity?
  Court may grant ANY remedy it sees fit.

Question 6

CPR 16.3 - Statement of Value

Answer 6

Applies to Money claims only

• Amount expected
• under 10K - 10-25K or over 25K
• If PI - PSLA over or under 1K
• if HC - over 100k for Non-PI/Over 50K PI
• Enactment re HC?
• Must disregard:
  Costs/interests, contrib neg, CC or set off

Question 7

CPR 16.4 - Contents of Particulars of Claim

Answer 7

• Statement of facts relied upon
• Interest and paragraph to that effect
• Specified sum and paragraph to that effect
• aggravated/exemplary/provisional damages

Question 8

CPR 16.5 - Contents of Defence

Answer 8

• Are allegations admitted or denied?
• if Denied, reasons why & alternative?
• Requiring proof?
• If not dealt with but states relevance, put to proof
• Flat out denial but no context - admitted
• Money claim - considered needing proof unless agree sum
• If no AoS served, must include address for service

Question 9

CPR 16.6 - Set off

Answer 9

If D states C owes them money and wishes to rely on this - can be included in defence

Question 10

CPR 16.7 - Reply to Defence

Answer 10

C can reply to D’s defence.

If C does not reply - not taken as admittance.

If C does not address adequately, will be taken as requiring proof

Question 11

CPR 16.8 - Court’s power to dispense of Statement of Cases

Answer 11

If Claim Form correctly filed and served, court can dispense of any further SoC’s.