Responding To A Claim Flashcards
How long does D have to respond
14 days from date of service, unless AoS is filed which gives them 28 days to file full defence
Parties can agree to extend by a further 28 days, anything more requires permission of court.
How long does D have to dispute jurisdiction?
14 days
What happens if the court accepts an application disputing jurisdiction?
D required to file further AoS within 14 days of the court order
What happens if court accepts D’s application disputing jurisdiction?
Claim form set aside and proceedings closed.
When can a C apply for judgment in default?
When D fails to file AoS or defence
On what grounds can a D apply to set aside a judgement in default?
- mandatory - if D can show they did file the doc before the relevant deadline or that they settled and paid the claim prior to the judgement in default being entered
- discretionary - D must show either that they have a real prospect of defending the claim or there is some other good reason why they should be allowed to defend the claim (I.e they were in hospital or abroad when proceedings were served)
What are the steps a C must take to discontinue their claim?
- C must file and serve a notice of discontinuance on all of the parties to the proceedings
- If there is more than one C, the other Cs must provide their written consent to the proceedings being discontinued, which should be attached to the notice
- If any C’s refuse, the C wanting to discontinue must apply for the permission of the court to do so.
When can a C discontinue a claim?
Any point in the proceedings
When will proceedings be deemed discontinued
As soon as the notice of discontinuance is served on all other parties to the action
What penalties does C face in discontinuing proceedings?
C will be liable to pay D’s costs on a standard basis in relation to the whole or part of action being discontinued.
What does it mean if costs are assessed on a standard basis?
Costs must have been reasonably incurred and be proportionate to the issues that the court has been asked to resolve.
When else can a claimant bring proceedings to an end?
Through a settlement with the defendant and they draw up a settlement
What can C do if D breaches the consent order?
Issue a new set of proceedings based on breach of contract.
What is a Tomlin order?
Order where claim is stayed or paused on terms that have been agreed between the parties and are then attached to the order in the form of a confidential schedule. This avoids the need for having to issue fresh proceedings if a term of the order is breached. If a term is breached the innocent party can make an app to lift the stay and ask court to enforce the settlement.
