Procedural Points At The Time Of Responding To The Claim

Question 1

Admitting the claim

Answer 1

D admits and pays the C immediately if advised prospects are low.

If claim is partially admitted, resolve disputed aspect through proceedings

Question 2

Stay the claim

Answer 2

If neither party takes any steps to move claim on, CPR 15.11 imposes an automatic 6 months stay.

Normally if parties are negotiating

Any party can apply for the stay to be loafed and explain why the delay

Question 3

Dispensing statement of case

Answer 3

The court can make an order to dispense all statements of case other than claim form CPR16.8

To save time and costs where statement of case are not necessary

Question 4

Contents of defence

Answer 4

Admit
Deny
Require to proof

Question 5

Admit

Answer 5

A party should not admit anything that is not disputed or non-controversial in order to narrow the issues and save costs and time.

Question 6

Deny

Answer 6

If a D denies an allegation it must give reasons.

If it wishes to put forward a different version of events, it must state its version in the defence CPR16.5(2)

Question 7

Requiring Proof

Answer 7

D can ask C to prove allegation

Question 8

Consequences for failing to deal with an allegation

Answer 8

If D omits to deal with an allegation, D will be deemed to admit it.

If money claim, it will always be understood that the amount claimed is not admitted unless the D specifically admits it CPR16.5(4)

Question 9

Default Judgment

Answer 9

Applying for a judgement to be granted in C’s favour if D fails to respond to claim by filing an AS or defence

Question 10

What conditions must be satisfied

Answer 10

At the date on which judgment is entered, that the time for filing aS and defence has expired

The claim has not been admitted by the D

No application for summary judgement or strike out has been made by the D