Responding to a Claim Flashcards
What actions can a defendant take in response to a claim according to CPR 9.2?
- File an acknowledgement of service
- File and serve a defence
- File or serve an admission
- File or serve an admission and file a defence if only admitting part of the claim
When should a Defendant file an Acknowledgement of Service?
A defendant can file an acknowledgement of service within 14 days from the service of the particulars of claim and this extends the time limit for filing a defence to 28 days from service of the particulars of claim.
What are the conditions for filing and serving a Defence?
A defence must be filed at the court and served on all parties within 14 days of service of the particulars of claim or 28 days where AOS has been filed. This may be extended by agreement or court order.
How can the time limit for serving a defence be extended?
By agreement of the parties for up to 28 days, or by applying to the court for an extension if the claimant refuses.
What are the requirements of an effective Defence? What are the Defendant’s options?
In the defence, the defendant must respond to each specific allegation in the Particulars of Claim by admitting, denying or requiring proof.
Should admit non-controversial issues, e.g identity of the parties, otherwise there will be costs consequences.
Should deny anything that D knows and takes issue with + give reasons / alternative version of the facts.
Require Proof = matters of which D would not have knowledge, e.g extent and measurements of C’s damages and losses.
Failure to acknowledge particular point in POC means claimant is deemed to admit that particular thing.
What is the effect of the defendant filing an admission?
The claimant can enter judgment for the admitted sum (specified), or a judgment on liability but not quantum with a hearing to determine how much they are owed (unspecified).
Defendant must pay specified amount within 14 days or will be entered on Register for 6 years but if paid in full within 14 days then unlikely to be done.
What is a Reply?
To allege facts in answer to the defence that were not included in the particulars of claim, addressing new points raised in the defence.
Usually the last statement of case and permission required from court to file anything further after this.
Not mandatory. Should be filed with directions questionnaire where possible. All statements of case (Claim form, POC, defence and reply) should be verified by a statement of truth.
What is default judgment?
A judgment granted in favour of the claimant when the defendant fails to serve a defence or AOS within the required timeframe.
It can be made by the D or the court of its own motion, usually determined at hearing unless claimant consents to setting it aside.
What are the requirements to obtain default judgment under CPR 12.3?
- The time for filing an AOS or defence has expired.
- The claim has not been admitted or satisfied.
- No application for summary judgment or strike out has been made by the defendant.
In what circumstances MUST the court set aside default judgment?
When the judgment was wrongly entered, such as if the AOS or defence was in fact filed on time or if the time limit had not in fact expired.
In what circumstances MAY the court set aside default judgment?
If the defendant has a real prospect of successfully defending the claim or there is some other good reason to set aside or vary the judgment.
Considered an application for relief from sanction so Denton Test applies:
1. Serious or significant breach;
2. Reason for breach
3. All the circumstances
