Disputes (Responding to Claims)

Question 1

What are the three options D has for responding to a claim according to CPR 9.2?

Answer 1

1. File or serve an admission
2. File a defence
3. File an acknowledgment of service

Question 2

Why would a defendant file an acknowledgment of service?

Answer 2

A defendant may file an acknowledgment of service if they need more than 14 days to file a defence, or if they wish to dispute the court’s jurisdiction to hear the claim.

Question 3

When should a defendant file an acknowledgment of service?

Answer 3

Where D is served with a claim form stating that the particulars are to follow, 14 days after service of the particulars of claim

In any other case (e.g. served with the claim form) 14 days after service of the claim form.

Question 4

How does a defendant acknowledge service?

Answer 4

The defendant uses **Form N9 ** to confirm their name and address for service and indicate their intention to defend all or part of the claim, or contest jurisdiction.

Question 5

What is the effect of filing an acknowledgment of service?

Answer 5

It extends the deadline to file a defence to 28 days after the deemed date of service of the particulars of claim.

It adds an additional 14 days! 28 days total to file a defence.

Question 6

When must a defence be filed?

Answer 6

A defence must be filed within 14 days of deemed service, or 28 days if an acknowledgment of service is filed.

Question 7

What happens if a defendant needs more time to serve a defence?

Answer 7

The defendant and claimant may agree to extend the defence filing deadline by up to 28 additional days, totaling up to 56 days from deemed service.

Court must be notified in writing.

DDS > 14 days > Acknowledgment 14 Days (28 days total) > Extension Agreed 28 days (56 Total)

Question 8

What must a defendant do if more than the 28 agreed additional days are needed to file a defence? (more than 56 needed!)

Answer 8

The defendant must apply to the court for an extension if more than 28 additional days are required or if the claimant refuses the extension request.

Question 9

How can a defendant respond if they have already paid the claimant the amount of money claimed?

Answer 9

The defendant can file a defence indicating the debt has been paid, which allows the claimant 28 days to respond.

Question 10

What is meant by ‘admitting the claim’ in court proceedings?

Answer 10

Admitting the claim means the defendant does not wish to dispute the claim and is acknowledging liability. Admissions are governed by CPR 14 and PD 14.

Question 11

What happens if a specified claim is admitted?

That’s for a specified sum - the amount payable in known.

Answer 11

For a specified claim, the defendant may admit the whole or part of the amount owed, indicating on Form N9A, with interest, fees, and fixed costs calculated.

If only part is admitted, the balance will remain in dispute and D will need to file a defence for the unadmitted balance

Question 12

What happens if a defendant admits a whole specified claim amount?

Answer 12

The judgment will include the amount claimed, interest, court fees, and fixed costs as specified.

Question 13

How can a defendant request time to pay after admitting a claim?

Answer 13

If the admission amounts to a specified amount of money - whole/part of specified claim, the defendant may make a request for time to pay per CPR 14.9(1).

If the claimant does not accept the proposal, the court will determine rate of payment.

Question 14

What does it mean if a defendant admits liability but the claim is for an unspecified amount?

Quantum, amount, interest is unknown

Answer 14

For unspecified claims, the defendant may admit liability and offer a sum in satisfaction, noted on Form N9C.

C may request judgment on liability and the amount offered, with the court later deciding on quantum and costs if unresolved.

Question 15

What is ‘judgment’ in court terms?

Answer 15

Judgment is a final court order concluding the claim, allowing possible enforcement and placing the defendant on a public register for six years.

Question 16

What is the timefram for judgment following admission?

Answer 16

C completes a request for judgement and reply to admission form within 14 days of receiving notice of admissions.

Unless otherwise agreed, the judgement is payable by the defendant within 14 days.

Question 17

What is meant by ‘clear days’ when counting time under CPR rules?

Answer 17

• The day the period begins is never included. You start counting the following day.
• Where there is a specified period of 5 days or less, any Saturday, Sunday, bank holidays, Christmas days, good Fridays in that period don’t count.
• For 6 days or more, saturday, sunday, bank holidays, christmas day and good friday count
• If the deadline is on a day when the court office is closed, the act is treated as on time if done the next day the court office is open.

Question 18

What if a deadline falls on a day the court is closed?

For example: “Notice of application must be served at least 3 days before the hearing”

Answer 18

If the end of the period is defined by reference to an event then** the day the event occurs is not included. **

For example, if the hearing is Friday, day 3 is Thursday.

Question 19

What happens if a defendant doesn’t respond to a claim?

Answer 19

Claimant can request early judgement, bringing the claim to a conclusion.

Question 20

What happens if neither party takes steps to move the claim on?

Answer 20

Automatic stay after six months.

Any party can apply for the stay to be lifted.

Question 21

What is the Part 8 procedure?

Answer 21

The Part 8 procedure allows claims to proceed without particulars, defenses, or replies when there’s unlikely to be a dispute over facts.

For example, where the only issue is costs, and claims where parties only seek a declaration on a point of law.

Question 22

What is the Purpose of Defence

Answer 22

The defence reacts to every point or allegation in the particulars of claim.

The defendant can do one of three things in relation to each allegation per CPR 16.5(1): Admit, Deny or Require Proof.

Question 23

How does a D deny an allegation in their defence?

Answer 23

• If a defendant denies an allegation, it must give reasons.
• If it wishes to give a different version of events, it must state it’s version.
• It is not acceptable to make a bare denial without reasons.

Question 24

What does it mean for D to require proof?

Answer 24

D can require proof if they are unable to admit or deny the allegation because the fact is unknown to them

The question is what direct knowledge of the facts alleged could your client have?

Question 25

What if D fails to deal with an allegation?

Answer 25

If a defendant omits to deal with any allegation, the defendant is deemed to admit it, unless it has set out its own case in respect of that allegation.

In a money claim, it will however always be understood that the amount claimed is not admitted unless the defendant specifically admits it.

Question 25

What if D

Must the claimant reply to Ds defence?

Answer 25

A reply is an optional statement of case served by the claimant
…
Replies are not always filed.
…
If there is one, it should be filed with the directions questionnaire. Parties are given at least 14 days notice of the deadline.

Question 26

What is ‘default judgment’?

Answer 26

Default judgment is awarded if a defendant fails to acknowledge service or file a defence within time limits, allowing the claimant to win without a trial.

Question 27

What conditions must be met for a default judgment?

Answer 27

• Time has expired for filing an acknowledgement of service or defence;
• The defendant has not filed an acknowledgement of service or defence; and
• The claim has not been admitted or satisfied by the defendant
• No application for summary judgement or strike out has been made.

Question 28

How should C request Default Judgement in a Money Claim?

Answer 28

• C file a request on the form.
• They can be decided on paper.
• Court will make a judgement

Question 29

How should C request Default Judgement in a Non-Money Claim?

Answer 29

• C may apply for a default judgement hearing to be listed.
• They cannot be decided on paper.
• The court will hear from the claimant and decide.

Question 30

How should C request Defual Judgement in a non-money Claim ?

Answer 30

• C may apply for a default judgement hearing to be listed.
• They cannot be decided on paper.
• The court will hear from the claimant and decide.

Question 31

When may a default judgment be set aside?

Answer 31

The court may set aside judgment if judgment was correctly entered but the court exercise discretion if the defendant had a real prospect of successfully defending the claim or if there is some other good reason.

Question 32

When must a default judgment be set aside?

Answer 32

The court must set aside judgment if judgment was wrongly entered

For example:
* The time limits has not in fact expired when judgment was entered
* An acknowledgement of service or defence had been filed on time.
* Summary judgment or strike out had been applied for before judgment was entered; or
* The defendant had satisfied the whole claim before judgement was entered, or admitted the claim, or required time