Responding to a claim

Question 1

Does D have to respond to a claim form?

Answer 1

No

Question 2

Does D have to act in reply to a POC?

Answer 2

Yes, D can:
- admit the claim in part/whole
- file an acknowledgement of service
- file a defence
- ignore the claim and allow the claimant to apply for default judgment

Question 3

Acknowledgement of service

Answer 3

formal document which is filed with the court by the defendant to acknowledge that they have been served with the claim form and POC

Question 4

judgment in default

Answer 4

judgment awarded in C’s favour on the basis that D has failed to respond to the claim being served on them within the relevant time

Question 5

How do D respond to claims?

Answer 5

Using the response pack they receive upon being served the claim form/POC

RP includes:
- admission form
- acknowledgement of service
- defence and counterclaim form

Question 6

specified claim

Answer 6

type of claim that is issued for a fixed amount of money allegedly wed by D to C

Question 7

unspecified claim

Answer 7

for tortious claim where the amount of money to be awarded is left to the court to decide

Question 8

Admission form

Answer 8

N9A

Question 9

What is the maximum timeframe for serving acknowledgement of service?

Answer 9

14 days after POC

Question 10

What does the acknowledgement of service do?

Answer 10

It extends the deadline for serving a defence and counterclaim (if applicable) from 14 days POC to 28 days POC

Question 11

Can you extend the timeline beyond 28 days to serve defence?

Answer 11

Yes, under CPR if the parties agree they can extend another 28 days to a total of 56 days to serve defence

Question 12

Can you dispute the court’s jurisdiction?

Answer 12

Yes, D can dispute it on the acknowledgement of service form and then has 14 days from the AS form to make an application to the court disputing their jurisdiction

Question 13

What is the criteria for a judgment in default?

Answer 13

• POC have been validly served on D and
• D has not filed an acknowledgement of service or defence within the relevant time period

Question 14

What must D have done for judgment in default to fail if the criteria had been satisfied?

Answer 14

• D must have applied for a summary judgment
• or D must have filed to have the claim form and POC struck out

Question 15

summary judgment

Answer 15

special type of application made by either C or D stating that the opposite party has no reasonable prospect of success at trial

Question 16

What should C provide the court for specified claims in successful judgment in default cases?

Answer 16

• confirmation of the date that the payment was due
• up-to-date interest figure
• daily rate of interest

So that the court can come to a definite amount that D must pay

Question 17

What is the mandatory ground for setting aside a judgment in default?

Answer 17

D must show that they did file the document before the relevant deadline or that D settled and paid the claim prior tot he judgment in default being entered

Question 18

What is the discretionary ground for setting aside a judgment in default?

Answer 18

D must show that they have a real and not fanciful prospect of defending the claim or that there is some other good reason that should allow them to defend the claim (ie they were in hospital)

Question 19

discontinuance

Answer 19

the termination of legal action by a claimant

Question 20

How does C go about discontinuance?

Answer 20

• file and serve a notice of discontinuance on all parties to proceedings
• if more than 1 claimant get their approval through written consent (written consent should be attached to the notice of d)
• if unable to get other C’s approval then they must apply to the court for permission

Question 20

Who does a standard basis favour?

Answer 20

The paying party

Question 21

consent order

Answer 21

all orders that record settlements which are reached between parties in litigation

Question 22

Tomlin order

Answer 22

special type pf consent order where a court order which stays or pauses a claim on terms that have been agreed between the parties and are then attached to the order in the form of a confidential schedule → avoids need for fresh proceedings if the order is breached by one of the parties

Question 23

What does a Tomlin Order include?

Answer 23

• statement that the parties have agreed terms of settlement
• all further proceeding stayed
• confirmation that stay based on set terms
• if terms breaches the innocent party can make app at court to request they lift the stay allowing innocent party to ask the court to enforce the settlement
• a direction as to which party is paying the other’s costs and whether those costs are to be assessed