DR 7

Question 1

Within what time limit must a defendant respond to a claim after the date of deemed service of the Particulars of Claim?

Answer 1

14 clear days of the deemed date of service of the Particulars of Claim. (Note, they do not have to respond until they receive the particulars)

Question 2

Defendant is deemed to have been served with the Particulars of Claim on Tuesday 3 March. What is the deadline to acknowledge service or file a defence?

Answer 2

17 March (the day of deemed service is not counted)

Question 3

What happens if the defendant does not respond within 14 days of the deemed date of service of the Particulars of Claim?

Answer 3

The claimant can obtain judgment

Question 4

What is the deemed date of service for first class post, services with next day delivery, and document exchange?

Answer 4

The second day (as long as it is a business day) after it was posted, left with, delivered to, or collected by the relevant service provider. If not a business day, then the next available business day

Question 5

What is the deemed date of service for personal delivery, fax, electronic service, and personal service?

Answer 5

On the business day it is left at the address, transmitted, or served personally if this is before 4.30pm. If not, the next business day

Question 6

What are the three things a defendant can do in their response?

Answer 6

1. Admit (parts or all) the claim 2. File and serve a defence to the claim, and possibly a counterclaim3. Acknowledge service and indicate they propose to defend the claim

Question 7

If a defendant admits the claim can they deny the amount of the loss?

Answer 7

Yes

Question 8

If a defendant files an acknowledgement of service, when do they have to admit the claims/file a defence?

Answer 8

Within an additional 14 days (i.e. 28 days total from the deemed service of Particulars of Claim)

Question 9

How can the time limit to respond be extended, and what is the maximum extension?

Answer 9

By agreement of the parties or application to the courts. For a further 28 days but not to exceed 56 days in total from the date of deemed service of the Particulars of Claim

Question 10

What happens if the defendant admits the whole claim, and the amount at issue is a specified sum?

Answer 10

The court will issue a judgment for the amount to include accrued interest and fixed costsIf paid within 14 dyas, the court won’t record the judgement therefore it won’t show up in credit checks.

Question 11

If a defendant admits a claim in the protocol, what is the monetary threshold below which such an admission will be binding?

Answer 11

£25,000

Question 12

What will the court do if the claim is for an unspecified amount?

Answer 12

Stay the case and arrange a disposal hearing, to determine the appropriate level of damages

Question 13

What must the defendant do if they admit only part of a claim?

Answer 13

They must file a defence for the part is in dispute

Question 14

What does it mean when a defendant admits liability but disputes quantum?

Answer 14

They accept responsibility for the breach, accidence or event, but deny that it caused injury, damage, or loss to the extent claimed by the claimant

Question 15

If a defendant wishes to withdraw an admission, what five things will the court consider in determining whether to grant permission for this?

Answer 15

1. Prejudice to the parties2. Reasons the admission was made3. Stress the party was under when they made the admission4. Interests of the public5. The timing of the application of the application to withdraw

Question 16

In a personal injury, clinical negligence, and disease/illness claim, if the defendant wishes to withdraw a pre-action admission that came after a letter of claim, one of what two things are required?

Answer 16

1. Consent of the person to whom the admission was made, or2. Court permission, if after commencement

Question 17

When will a defendant not have to file an Acknowledgement of Service?

Answer 17

If they file a defence within 14 days of service of the Particulars of Claim

Question 18

However, why might a defendant still want to file an Acknowledgement of Service?

Answer 18

To get more time, as it is it extends the deadline for service of the defence by 14 days to 28 days from service of the Particulars of Claim

Question 19

What three things can the defendant achieve on the Acknowledgement of Service form?

Answer 19

1. Indicate intention to dispute, but seek additional 14 days2. Admit some of the claim but ask for time to pay,3. Dispute the jurisdiction of the court

Question 20

What type of defendants will the above time limits not apply to?

Answer 20

Defendants outside the jurisdiction

Question 21

What can the claimant do if the defendant files neither a defence nor an Acknowledgement of Service within 14 days, and there has been no extension agreed?

Answer 21

Claimant may enter judgment in default, preventing the defendant from mounting a defence

Question 22

What does it mean under the CPR when references to “day” or “days” is “clear day” or “clear days”?

Answer 22

• As a default, the day on which the period begins is not included in the count.* Further, if the end of the period is defined by reference to an event, the day on which that event occurs, is also not included

Question 23

What happens if a time limit will expire on a day the court office is closed?

Answer 23

The time limit will be deemed to expire at the end of the next day on which the court office is open

Question 24

To reiterate, the date of deemed service of what document is the starting point for calculating when the defence is due?

Answer 24

Particulars of Claim

Question 25

If they claimant wishes, what two things can they apply for when the defendant files an Acknowledgement of Service?

Answer 25

1. Summary judgment2. Interim payment

Question 26

If the defendant disputes jurisdiction and has indicated such on the Acknowledgement of Service, what must they do and not do until the application is heard, and why?

Answer 26

• They must make an application challenging the court’s jurisdiction supported by written evidence within 14 days after filing the acknowledgement of service.* They must not file a defence, as this may be deemed to submit the the court’s jurisdiction

Question 27

If a defendant has had a default judgment entered against because of their failure to respond, what three things must they show in order to have this judgment set aside?

Answer 27

1. They acted promptly2. They have a real prospect of successfully defending the claim, and3. Some other good reason why the judgment should be set aside

Question 28

What are the four ways in which a default judgment could have been wrongly entered?

Answer 28

1. Judgment entered too early i.e. before expiration of the time to respond2. Application for judgment came after an application by defendant to strike out/dismiss the claim, and this application hasn’t yet been considered3. Claim already paid or settled4. Defendant already submitted a request to pay which has not yet been considered