DR - responding timing Flashcards
What steps could a defendant take in response to a claim?
- File an acknowledgement of service (CPR 10) 👀
- File or serve an admission (CPR 14) 😢
- File a defence (CPR 15) 🤺
What are the time limits for acknowledging service?
- where the claim form states that particulars are to follow, then 14 days after service of the particulars of claim
- in any other case, 14 clear days after service of claim form
What is included in an acknowledgement
- confirm name is correctly stated 🍸
- give address for service of documents 💌
- Indicate whether they intend to defend all or part of the claim, or 🤺
- whether they intend to contest that the court has jurisdiction 🌍
How long is the extension provided by an acknowledgement?
- if no acknowledgement filed, deadline for filing defence is 14 clear days from the deemed date of the service of the PARTICULARS OF CLAIM.
- acknowledgement extends deadline to 28 days after the deemed date of service of the PARTICULARS OF CLAIM
Who must a defence be filed on?
defence must be filed at court and filed on all parties.
When might a longer period for filing a defence apply?
- where the claim is filed outside of the jurisdiction
- Where an application is made disputing the court’s jurisdiction (in which case a defence need not be made until after the hearing of that application)
- Where a cliamant applies for a summary judgement before the defence is filed (in which case a defence need not be made until after the hearing of that application)
- where the court makes an order for service of a claim form on an agent of a principle who is overseas (in which case the court will specify the period).
What if a further extension is required after the 56 days max or the defence refuses an extension and what will be considered?
- defendant will need to apply to the court. The court will consider the reasons for the extension and the impact on the conduct of the claim.
What if the claim is for money which has already been paid?
- court asks claimant whether this is correct? 👍
- claimant must respond in 28 clear days (claim is stayed if they do not do so) providing a copy to the defendant.
- if claimant does not wish to continue, that is the end.
- if claimant wishes to continue the claim will proceed as a defended claim.
What is the deadline if the defendant wishes to admit the specified claim?
- 14 clear days of deemed service of the particulars of claim
- They will note whether they are admitting the whole claim, or part of the claim
- Where the claim is for a specified sum, the claimant can enter judgement against the defendant for admitted sum unless they are a child or protected person.
What happens if the defendant only admits part of the claim?
- state the amount admitted 💵
- balance remains in dispute
- defendant will need to file a defence for that part in dispute. 🤺
What if the claimant wants to admit a claim for an unspecified claim?
- accept liability and offer a sum in satisfaction. Claimant can enter judgement against the defendant for any amount offered in satisfaction (unless a child or protected party)
OR - admit liability to the whole claim for an unspecified sum and the claimant will request the court to enter a judgement with an amount (including costs) to be decided later
How can the defence be delayed beyond an initial 28 days and for how long can it be delayed?
- the defendant and claimant can agree a further extension of up to 28 days (56 clear days in total from the deemed date of service of particulars). Court must be notified in writing of this.
- if other side disagrees can apply to court
Is the date for filing the defence based on the service of the claim form, or the service of the particulars of claim?
Deemed Date of Service of the particulars of claim.
What costs are included in a jugement?
- amount of claim
- interest since the date of issue
- court fees
- fixed costs
When is a judgement payable by the defendant?
14 clear days
