Responding to a Claim

Question 1

Ways for Defendant to respond to Particular’s of Claim

(3 responses)

Answer 1

Can respond in three ways:

1. Admit (in part or whole)
2. Defend
3. AoS stating that will defend

Question 2

Time limit to respond to Particulars of Claim

Answer 2

MUST send AoS within 14 days of date of deemed service of Particulars of Claim (2 days after actual service!)

Can then have extra 14 days for Defence

Parties can agree extensions BUT total limit is 56 days.

Question 3

What 5 things will the Court consideration when determining D’s application to withdraw admission

Answer 3

Court will consider -

1. Prejudice to parties
2. whether D was under stress when made admission (NB admission made during PAP for claim valued under £25000 can go before judge)
3. reason why admission made
4. interest to the public
5. delay in making application

Question 4

Court’s consideration when deciding whether to set aside a default judgment

Answer 4

1. That D has real prospect of success defending the claim OR
2. That some other good reason why the judgment should be set aside or varied
   OR
   D should should be allowed to defend the claim.

Question 5

What does ‘clear days’ mean in the CPR?

Answer 5

Means when calculating you should exclude:

1. the day on which the period begins
   AND
2. the day on which the period ends, IF defined by reference to an event.

Question 6

Through what procedure can D challenge jurisdiction?

Answer 6

1. Check box in AoS
2. File written evidence in support of challenge within 14 days of AoS.

NB - no need to file defence pending response to application.

ALSO - filing defence is implied acceptance of jurisdiction.

Question 7

What must D prove to set aside default judgment?

Answer 7

1. Good reason judgment should be set aside
   AND
2. real prospect of success

Question 8

In what circumstances should D neither admnit nor deny?

Answer 8

D’s defence must be truthful!

1. A defendant may defend a claim by asserting a procedural defence (such as lack of jurisdiction or expiration of the limitation period), negating one of the elements of the cause of action, or disputing the damages.
2. D should neither admit nor deny (that is, issue a non-admission regarding) allegations that are not within their personal knowledge.

EG - Here, the defendant has admitted that they were negligent in missing the deadline. Therefore, there is no choice but to admit that in the defence. However, as the defendant believes causation is speculative (that is, they think the former client’s claim was unlikely to succeed in any case), it is not advisable to deny this allegation as it is a hypothetical fact and the defendant cannot therefore categorically say that it is incorrect - SO neither admit nor deny.

On the other hand, the defendant can deny the allegation that the claimant suffered £25,000 damages exclusive of interest and costs, as the original claim was for only £2,000.