DR 5 - Responding to Proceedings Flashcards
What are the defendant’s response options under CPR 9.2?
- File/serve an admission
- File a defence
- Admit part and defend the rest
- Acknowledge service to buy time or dispute jurisdiction
What is the purpose of acknowledging service?
- To extend time for filing a defence
- To challenge the court’s jurisdiction
When must acknowledgment of service be filed?
- Within 14 days of receiving particulars of claim (if served separately)
- Otherwise, within 14 days of receiving claim form
Is acknowledging service mandatory?
No, if the defence is ready, it can be filed without acknowledging service
What does acknowledging service extend the defence deadline to?
28 days from the deemed date of service of particulars of claim
What is the time limit to file a defence without acknowledgment of service?
14 days from the deemed date of service of particulars
What happens if an acknowledgment of service is filed?
The defence deadline extends to 28 days from the deemed date of service
In what cases might a defence not be required before a hearing?
- If served outside jurisdiction
- If disputing jurisdiction
- If claimant applies for summary judgment before defence due
- If claim is served on agent for overseas principal
How can the defence deadline be extended by agreement?
Up to 28 days by written agreement between parties (court must be notified)
Can a longer extension be agreed without court involvement?
No – beyond 28 days, court order is required
What happens if defendant has already paid the claim?
- File defence stating full payment
- Claimant has 28 days to respond
- If no response, claim is stayed
What is the deadline for filing an admission?
Within 14 days of the deemed service of particulars
What happens if only part of a specified claim is admitted?
- Defendant states amount admitted
- Interest applies
- Defence needed for remaining balance
Can a defendant admit liability in an unspecified claim?
Yes, either fully or with a sum offered in satisfaction
What happens after admitting an unspecified claim?
- Claimant requests judgment on liability
- Court decides amount at later hearing
Rule for counting clear days from start of a period?
Exclude the day the period starts; start from the next day
Rule when period ends with a specific event (e.g. hearing)?
Exclude the day of the event
Rule for short deadlines (5 days or less)?
Exclude weekends and bank holidays
What happens if a deadline falls on a day court is closed?
Act is treated as done on the next open court day
What is default judgment?
Judgment when defendant fails to acknowledge or defend within time limit
What must claimant prove for default judgment?
- Deadline passed for filing AoS or defence
- No defence or admission filed
- No summary judgment/strike-out filed
How does default judgment differ from strike out?
- Default: procedural failure to respond
- Strike out: legal insufficiency of the case
How does default judgment differ from summary judgment?
- Default: no response
- Summary: no real prospect of success, decided on merits
When must the court set aside default judgment?
- Time limit for AoS or filing defence has not in fact expired when default judgment was entered
- Defence/acknowledgment filed on time
- Claim was satisfied or admitted
- Summary judgment/strike-out filed before judgment
When may the court set aside default judgment?
- Defendant has real prospect of defending
- Some other good reason (e.g., late service, public interest)
Is evidence needed to set aside judgment at court’s discretion?
Yes – application must be supported by evidence
What case governs applications for setting aside default judgment?
Denton v T.H. White Ltd [2014] EWCA Civ 906 – Relief from sanctions
What must the court consider when deciding whether to set aside?
- Promptness of application
- Compliance with CPR
- Overriding objective
- May attach conditions (e.g., costs)
