Responding To A Claim

Question 1

What happens after proceedings are issued?

Answer 1

The defendant is COMPELLED to take action, unless they are prepared for the claimant to win outright

Question 2

When must the D respond/react to the claims form?

Answer 2

Once the claim form and POC have been served.

Question 3

What is the form that the D will receive to respond to a claim?

Answer 3

N9. This is a response pack which explains how the D should respond and the time limits for doing so.

Question 4

What are the 3 options for the defendant after being served?

Answer 4

To file an admission - part 14
To file an acknowledgement of service - part 10
To file a defence - part 15

Question 5

What is the time limit for the defendant to do “something”

Answer 5

14 days of deemed service from CF and POC

Question 6

What happens if the defendant admits the entire claim?

Answer 6

They must provide details of their income and expenditure, and make an offer of payment.

Claimant may file a request for judgement.

Question 7

What happens if a D admits part of a claim?

Answer 7

Claimant has 14 days to consider any offers and decide the next course of action:

Accept part admission

Accept, but not the D proposals of payment

Reject offer entirely and proceed with claim

Question 8

What is an acknowledgement of service?

Answer 8

Defendant may want to defend claim, but are not ready yet to drat a full defence.

This enables them time to do it. Instead of 14 days, you then have 28 days since service of POC

Question 9

What is the defence?

Answer 9

D responds to proceedings by filling a full defence.

Once D has been filed, a copy must be served on all other parties. Court will be responsible for this.

Question 10

What is a counter claim?

Answer 10

As part of the D response, they may wish to pursue their own claim against the claimant.

Question 11

How do you extend the time limit on the defence? And how long?

Answer 11

You can add 28 days, meaning a total of 56 days from the date of service. Any FURTHER will need courts permission

Question 12

What is default judgement?

Answer 12

If the D takes no action at al, the claimant can FORCE the issue. This is known as default judgement.

Means the claimant obtains a judgement without there being any consideration of the facts involved.

Question 13

What is the procedure for default judgement?

Answer 13

Claimant makes an application under CPR PART 12. This will require them to complete a request for default judgement.

Question 14

For default judgement, what must the claimant show the court?

Answer 14

The particulars of claim have been served on the D

The D has NOT filed an acknowledgment of service or. A defence within relevant time period

Question 15

What must the claimant show when applying for default judgement for a SPECIFIED SUM?

Answer 15

Indicate the date payment was due

Calculate interest claimed

State daily rate at which interest accrues

Question 16

When will payment be required when a specified sum default judgement is entered?

Answer 16

14 days after final judgement has been entered

Question 17

What are the 2 grounds under CPR PART 13 where the defendant can rely on for this application to SET ASIDE default judgement?

Answer 17

Mandatory ground
Discretionary ground

Question 18

What is the mandatory ground for setting aside default judgements?

Answer 18

Court is obliged to set aside, if it was WRONGLY entered.

Occurs where judgement has been entered too early, before time for filing an acknowledge of service or defence has expired, or becuase claim has already been paid in full

Question 19

What is a discretionary ground or setting aside default judgement?

Answer 19

Court has the POWER to set aside, in circumstnaces where the defendant has:

• a real prospect of successfully defending the claim, or
• there is some other good reason why the D should be allowed to defend the claim . (Ill, holiday etc- NOT work pressures)

Question 20

What is the form for application notice of setting aside default judgement?

Answer 20

N244

Question 21

What is N244?

Answer 21

The applciation made to set aside summary judgement

Question 22

What are the 3 possible orders the court can make after N244 has been applied?

Answer 22

D succeeds, and judgement is set aside, allowing them to continue to defend action

Teh claimant wins and judgement remains in place. Proceed to enforcement

Conditional order is made - judgement is set aside, on condition the D pays monies into court. LEASE LIKELY

Question 23

What are the costs for default judgements/interim applications?

Answer 23

If application is granted on MANDATORY grounds, claimant will be at fault, therefore liable to pay D costs

Where D establishes discretionary grounds, neither is at fault.

Where D only establishes discretionary grounds with a real prospect of success, D is at fault for failing to deal with proceedings, and must pay C costs.

If application fails, D will pay claimants costs of the applciation

Question 24

What is discontinuance?

Answer 24

Claimant may decide not to pursue claim. Claimant can discontinue at any time during proceedings without permission, against ALL or ANY of the defendants.

Question 25

What is the procedure for discontinuance?

Answer 25

Claimant must file and serve a notice of discontinuance on the parties of the proceedings. If consent is required, a copy of this must be attached to the notice.

Question 26

What is the effect of discontinuance?

Answer 26

Proceedings are brought to an end against D on the date of the notice of discontinuance. Claimant is liable for costs of proceedings, unless court states otherwise.

Question 27

What are pre-action settlements?

Answer 27

Where settlement is reached prior to issue of proceedings. The prospective claimant will NOT be entitled to recover their legal costs.

Question 28

What happens if settlement is reached AFTER issue of proceedings? (2)

Answer 28

It is preferable for this to be recorded in a court order or judgement so it’s enforceable.

Consent orders

Tomlin orders

Question 29

What are consent orders?

Answer 29

Where none of the parties is a litigant in person, it’s possible to AVOID an application to court, by drawing a consent order.

Court retains power not to approve proposed order, but usually do.

Question 30

What are the formalities of consent order?

Answer 30

Order agreed by parties must be drawn up in terms agreed

Must be expressed as being “by consent”

Signed by legal representatives acting for each of the parties

Question 31

What is a Tomlin order?

Answer 31

Stays the claim on agreed terms that are set out either in a SCHEDULE to the order, or SEPARATELY.
Tomlin order includes terms that the court cannot impose.

This is to keep various items discrete and confidential. Court does NT have the power to order must be set out in schedule to Tomlin order or separate document.

Question 32

What happens if a D wishes to dispute the courts jurisdiction?

Answer 32

This must e stated on acknowledgement of service.

D then ahs 14 days to make a challenge.

If court refuses, the original acknowledgement of service ceases to have effect, and D must file a FURTHER acknowledgement of service within 14 days.