CPR 15 - Defence and Reply Flashcards
CPR 15.1 - Defence and Reply - Pt8?
Does not apply to Part 8
CPR 15.2 - Filing a defence - may/must?
If D wishes to dispute, MUST file a defence
CPR 15.3 - Consequences of not filing a defence
If D fails to file a defence and the time period of doing so expires, C may seek default judgment.
CPR 15.4 - Period for filing a defence
D must file a defence within 14 days of the PoC.
If D has filed an AoS - then defence needs to be filed 28 days after PoC
CPR 15.5 - Agreement to extension of time to file defence
C and D can agree to extend time in 15.4 by up to 28 days. If an agreement is reached, D must inform the court
CPR 15.6 - Service of a copy of the defence
Defence must be served on all parties
CPR 15.7 - Defence and counter claims
If a CC is being brought, must follow procedure in Pt 20
CPR 15.8 - Reply to defence by C
C must file respond with directions questionnaire and file on all parties
CPR 15.9 - No SoC after reply
No further SoC after reply unless court gives permission
CPR 15.10 - C’s notice where defence is money paid
Where claim is for a specified sum and D states they have paid the money in full, the court will write to the C to seek whether the proceedings will continue or not.
If C responds, must be served on D. Claim will proceed under Pt 23.
If C fails to respond, the claim will be stayed.
Either party can apply to lift the stay.
CPR 15.11 - Claim stayed if not defended/admitted
Where 6 months has passed from 15.4 and no defence/admittance has been made and C hasn’t applied for default or summary J, the claim will be stayed.
PD 15 - General notes
Stay can be lifted on application by either party.
Does not apply to pt 8.
Defence to be accompanied with statement of truth - CPR 22.
