DR - responding options Flashcards
Are ‘bare denials’ acceptable?
No - if a defendant denies an allegation they must give a reason
What are the options for a defence?
- admit 😥
- deny🤺
- require proof 📃📑
What happens if you don’t address every allegation
- the defendant will be deemed to admit the allegation,
- unless a money claim when it will always be understood that the claim is not admitted unless specifically admitted.
What must be included:
- Limitation used as a defence
- Disputes the amount involved
- personal injury claims
limitation - must provide date on which limitation expired.
Value - must state why they dispute it.
Personal Injury - agreed, disputes or has knowledge of the matters in the schedule of past and future expenses and losses, and any medical report included in the particulars, giving reasons and its own counter schedule and (if relied upon) medical evidence
- Set-off
- Other defences
- Counterclaims
Set-off must be stated in the defence
Other defences must be set out
Defence and Counterclaim should normally form one document with CC after the defence.
What is a ‘reply’?
A reply is an optional statement of case served by the claimant. It’s purpose is to allege facts in answer to the defence which were not included in the claim.
What must the claimant show to get a default judgement?
- time limit has expired for filing an acknowledgement of service or defence,
- the claim has not been admitted or satisfied by the defendant.
- No application for summary judgement or strike out has been made by the defendant.
What is a strike out?
Strike out covers cases which do not amount to a legally recognisable claim or defence.
What is a default judgement?
Cases where the defendant has failed to respond to the claim.
When MUST the court set aside?
If judgement is entered wrongly:
- date for acknowledgement defence not passed 📆
- summary judgement or strike out had been applied for 👨⚖️
How do you obtain a default judgement for money claims with specified and unspecified sums?
Specified sum - Claimant files a request for judgement. The court will make a judgement for the amount sought, fixed costs and interest accrued to date of judgement.
Unspecified sum - Claimant files a request for judgement. The court will enter judgement for a sum to be decided at a later hearing.
Can be dealt with on paper.
How do you obtain a default judgement for non-money claims?
Claimant must apply for a default judgement hearing to be listed at court.
When can interest on a specified amount of money be included on a default judgement?
- claim included details of the interest.
- statutory interest is claimed, it is no higher than the rate for judgement debts at the time the claim form was issued.
- request for judgement includes the calculation of interest claimed to the date of judgement.
In any other case, the interest will be decided by the court.
Who can ask for a default judgement be set aside and how is it decided?
- On application by the defendant or by the court of its own motion. The purpose if to avoid injustice.
- Normally decided at a hearing unless the claimant agrees to the set aside.
What is a summary judgement?
A summary judgement covers cases which are weak on the facts, so the court will consider the merits of the case.
When may the court set a default judgment aside?
If the judgement was correctly entered &
- the defendant has a REAL PROSPECT of successfully defending the claim; ⚖️
OR
- the court thinks there is another good reason. 🥳
(the court will consider delay.⏱️)
When is the earlier that the D need to respond?
After the PoC has been served (until then, can do nothing)
If admitting a claim, when does the D need to send the relevant admission form?
Within 14 days of DDOS of PoC
If a specified amount is admitted in part, what does the D need to do in responding?
State amount they admit to
File defence for unadmitted amount
If an unspecified amount is admitted to, what does the D need to do in responding?
Can admit to pay whole sum or offer sum in satisfaction
Quantum must be decided
Where a D admits to a specified amount, what can they request?
A request for time to pay
What is a ‘judgement’?
Final order disposing of the claim
It’s an option for the C, not mandatory
It’s payable within 14 days
Where a D wants to defend a claim, when must the defence be filed and served on all parties?
Either:
- Within 14 days of PoC
- Within 28 days of PoC as they filed an AoS first
When does a D not need to file a defence?
If C has already filed for summary judgement before defence has been submitted
For how long can a D and C agree an extension of time for serving a defence? If they want longer, what should they do?
Up to 28 days (total 56 days)
Must apply to court if longer
Where D served with claim for a specified amount but they have already paid C, what can they do?
Respond with defence saying ‘money paid’
Court notifies C and C has to reply within 28 days
When must a D file an acknowledgement of service?
Within 14 days of PoC
When should an AoS be filed?
If D unable to file defence within 14 days or want to dispute court jurisdiction
What are the consequences for the D for not responding to the claim form in time?
C can apply for judgement in default
What is the procedure for disputing jurisdiction?
- D files AoS
- D applies within 14 days after filing AoS, disputing jurisdiction, supported by evidence
What is the difference between strike out, summary judgement and default judgement?
Strike Out: focuses on statements of case
Summary Judgement: cases which are weak in facts - court considers merits
Default Judgement: is procedural - doesn’t look at contents or merits of the case
What is a ‘Relief from Sanction’?
Application used to set aside a default judgement
What is a summary judgement?
A judgement where a case is weak on facts
What are the grounds for appealing a Summary Judgement?
if hearing finds a chance slightly more than fanciful, court likely to result in a conditional order requiring D set out its case properly within 14 days
