Responding to a Claim

Question 1

What does the defence need to do if they have only been served with a claim form?

Answer 1

Nothing - should wait for the particulars of claim

Question 2

What are the defendant’s options when they have been served the particulars of claim?

Answer 2

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

Question 3

Judgment in default

Answer 3

This is the term for judgment being awarded in the claimant’s favour on the basis that the defendant has failed to respond to the claim form and particulars of claim being served on them within the relevant time

Question 4

What should be included with the particulars of claim?

Answer 4

A response pack

Question 5

What is a specified claim?

Answer 5

A type of claim that is issued for a fixed amount of money allegedly owed by the defendant to the claimant

Question 6

What is an unspecified claim?

Answer 6

A particular type of claim in tort where the amount of money to be awarded is left to the court to determine.

Question 7

What happens if the defendant admits the whole of the claim?

Answer 7

• Defendant will complete the admission form offering to pay the claim in full within a specified time period
• Defendant to provide details on the admission form (N9A) of assets, income, expenditure and a proposal for instalment payments. This will be sent to the claimant by the court
• Claimant will either accept the terms or raise objections to them. If the claimant raises objections the court with either set the instalment figures and time period or set the matter down for a hearing to hear each side’s point of view. This is called a disposal hearing.
• Following receipt of the admission from the defendant, the claimant will also be entitled to apply for judgment in their favour based on the defendant’s admission

Question 8

What happens if the defendant admits part of the claim?

Answer 8

• Defendant to complete the admission form admitting part of the claim and often making an offer to the claimant to settle the whole matter
• Claimant will have 14 days to make a decision on the offer
• If the claimant accepts the offer, the court will proceed to make a judgment for the sum agreed if the claimant requests it to do so
• If the claimant accepts the offer amount but rejects the proposals for payment, then the court will list the matter for a disposal hearing
• If claimant rejects the offer the matter will proceed as a disputes case and the defendant will be required to file a defence

Question 9

Deadline for filing an acknowledgement of service

Answer 9

14 days form the date of deemed service of the particulars of claim.

If filed, a maximum of 28 days form the date of service of the particulars of claim to file a defence.

Question 10

Can parties extend the deadline for filing a defence?

Answer 10

Parties can agree between themselves to extend the deadline for a further 28 days meaning defendant would have a total of 56 days to file their defence.

If the parties do not agree to an extension or they need longer they must make an application to the court.

Question 11

How does the claimant apply for a judgment in default?

Answer 11

Claimant must specifically apply for and ask the court to grant a default judgment. Claimant must satisfy that:

• the particulars of claim have been validly served on the defendant; and
• the defendant has not filed an acknowledgment of service or defence within the relevant time period

Only circumstance where claimant will fail is if defendant has already made an application for either summary judgment or strike out.

Specified sum: need to provide court with confirmation of the date the payment was due, and up-to-date interest figure and daily rate of interest

Unspecified sum: court will enter judgment in claimant’s favour and then schedule a hearing so that they can determine the amount which the defendant should pay

Question 12

Grounds to set aside judgment in default

Answer 12

Mandatory: The Court MUST set the judgment in default aside where the defendant can show:
- they did file the document before the relevant deadline or
- the defendant settled and paid the claim prior to judgment in default being entered

Discretionary: The court may set aside if the defendant can show 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 (eg defendant was in hospital or abroad when proceedings were served)

Defendant should also make the application to set the judgment aside promptly - if not and there is no explanation why the court is likely to reject the application.

Question 13

What are the steps the claimant should take to discontinue a claim?

Answer 13

The claimant must first file and serve a notice of discontinuance on all of the parties to proceedings - as soon as the notice is served on all other parties to the action, the claim will be discontinued.

Claimant will be liable to pay defendant’s costs on the standard basis.

If there is more than one claimant - other claimants must provide their written consent to the proceedings being discontinued which should be attached to the notice of discontinuance. If other claimants refuse to agree to discontinuance then the claimant who wishes to discontinue must apply for the permission of the court to do so.

Question 14

Two ways a claimant can voluntarily bring an end to proceedings without progressing to a judgment

Answer 14

1. Discontinuance
2. Settlement