Responding to a Claim

Question 1

What is the difference between a specified claim and an unspecified claim?

Answer 1

Specified Claim - claim for a fixed amount
Unspecified Claim - award left for the court to determine

Question 2

What four options does a defendant have when they are served with a claim form and particulars?

Answer 2

Admit the claim, file an acknowledgment of service, file a defence or ignore the claim

Question 3

If a defendant applied to set aside a judgement in default, the court must grant the defendant’s application. True or false?

Answer 3

False

Question 4

Why is a Tomlin order a beneficial type of consent order for a claimant to use following settlement of a claim with the defendant?

Answer 4

A Tomlin order stays proceedings rather than terminating them, meaning it is much easier for the claimant to return to court to enforce the terms of a judgement. It is appropriate where the defendant has a risk of default.

Question 5

What procedural steps does the claimant need to take if they want to discontinue proceedings?

Answer 5

File and serve a notice of discontinuance on all parties to proceedings.

Question 6

How should a defendant respond if they are served with the claim form alone, particulars to follow?

Answer 6

No need for defendant to do anything

Question 7

How should a defendant respond if they are served with the claim form and particulars?

Answer 7

Admit the claim, file an acknowledgment of service, file a defence or ignore the claim

Question 8

What is a judgement in default?

Answer 8

Judgement awarded in the claimant’s favour, on the basis the defendant has failed to respond to the claim

Question 9

How long does an acknowledgement of service extend the time to file a full defence?

Answer 9

Extends from 14 days to 28 days.

Question 10

After proceedings have been served, how long does a defendant have to respond?

Answer 10

14 days from the date of service of the particulars of claim, and a maximum of 28 days from the date of service of the particulars of claim if an acknowledgement of service has been filed.

Question 11

Can a deadline to file a defence be extended?

Answer 11

Yes, a further extension of 28 extra days is possible (56 in total)

Question 12

What does a “judgement set aside” mean?

Answer 12

A judgement that the court has declared invalid, and will proceed as if the judgement has never been granted.

Question 13

What criteria must a claimant satisfy for a judgement in default?

Answer 13

1. Particulars of claim have been validly served on the defendant; and
2. The defendant has not filed an acknowledgement or defence within the relevant time period

Question 14

What is a summary judgement?

Answer 14

An application made by either the claimant or defendant, when the claim or defence has no reasonable prospect of success

Question 15

Criteria defence must satisfy to set aside a judgement in default?

Answer 15

Mandatory Ground - Defendant must show that they filed the defence document before the deadline, or claim was settled prior to judgement in default.
Discretionary Ground- Defendant must show they have a real prospect of defending the claim, or another good reason as to why they should be allowed to defend the claim

(one ground satisfied is sufficient)

Question 16

What does discontinuance of a claim mean?

Answer 16

The termination of a claim by the claimant.

Question 17

What steps must a claimant take to discontinue a claim?

Answer 17

1. File and serve a notice of discontinuance on all parties
2. If more than one claimant, all claimants must provide their written consent
3. If other claimants refuse consent, claimant who wishes to discontinue must apply for permission of the court

Question 18

When will proceedings be deemed discontinued if Claimant files notice?

Answer 18

As soon as the notice is served on all parties

Question 19

What penalties does the claimant face for discontinuing proceedings?

Answer 19

Liable to pay the defendant’s costs.

Question 20

What are orders that record settlements called?

Answer 20

Consent orders

Question 21

What is a Tomlin order?

Answer 21

A court order under which a claim is stayed or paused on terms that have been agreed between the parties.

Question 22

A defendant has been served with a claim form. On the form, it states that the particulars of claim are to follow.

Which of the following responses best explains what the defendant should do?

A. The defendant does not need to respond after being served with the claim form.

B. The defendant needs to file an acknowledgment of service within 14 days of the date on which the claim form was deemed served.

C. The defendant needs to file a defence within 14 days of the date on which the claim form was deemed served.

D. The defendant needs to file an acknowledgment of service within 14 days of the date on which the claim form was deemed served
and a defence within 28 days.

E. The defendant needs to file a defence within 28 days of the date on which the claim form was deemed served.

Answer 22

A. The defendant does not need to respond after being served with the claim form, as the particulars of claim have not yet been served.

Question 23

A defendant is served with a claim form and particulars of claim for an unspecified amount. The defendant wishes to admit liability and
so completes the relevant admission form. They also wish to make an offer of settlement to the claimant to save matters going any
further.

Which of the following best represents how the court will deal with the situation?

A. Due to the claim being unspecified, the court will note the defendant’s admission of liability and set the matter down for a disposal hearing within 14 days of the admission and offer being received.

B. Due to the claim being unspecified, the court will note the defendant’s admission of liability and make a decision on whether they think the offer is reasonable. If the court believes the offer is unreasonable, they will set the matter down for a disposal hearing.

C. Due to the claim being unspecified, the court will stay the proceedings and send a notice to the claimant including the offer. If the claimant indicates that the offer is acceptable, the court will make a judgment in that amount.

D. Due to the claim being unspecified, the court will send a notice to the claimant including the offer, but the proceedings will remain
ongoing until the claimant has either accepted or rejected the offer.

E. Due to the claim being unspecified, the court will stay the proceedings and make a decision on whether they think the settlement offer is reasonable.

Answer 23

C. Due to the claim being unspecified, the court will stay the proceedings and send a notice to the claimant including the offer. If the claimant indicates that the offer is acceptable, the court will make a judgment in that amount.

Question 24

A defendant is served with a claim form and particulars of claim and visits their solicitor the day afterwards. The solicitor explains that
provided an acknowledgment of service is filed, the defence will need to be filed within 28 days of the date of deemed service of the
particulars of claim. The defendant will be abroad for 40 days from the day afterwards and does not have time to gather the relevant
information to enable the solicitor to draft a full defence.

Which of the following best describes how the defendant can proceed?

A. The defendant should gather as much information as possible before they go abroad and instruct their solicitor to file a defence
within 28 days of the particulars of claim being deemed served. Failure to file a defence will leave the defendant open to a
judgment in default being made against them.

B. The CPR allow parties to agree an extension of up to 28 days for filing their defence. The defendant should therefore instruct their
solicitor to negotiate an extension with the claimant’s solicitor.

C. The defendant will need the court’s permission for an extension. They will therefore need to instruct their solicitor to prepare an
application immediately so that it can be sent to the court before they go abroad.

D. The defendant should instruct their solicitor to file an acknowledgment of service and indicate that they intend to defend all of the claim. This prevents the claimant’s solicitor from applying for judgment in default. The defence can then be filed when the client returns from abroad.

E. The CPR allow a party in extreme circumstances to have an extension of 28 days to file a defence without the agreement of the
claimant. The defendant is therefore entitled to file a defence once they return from abroad.

Answer 24

B. The CPR allow parties to agree an extension of up to 28 days for filing their defence. The defendant should therefore instruct their
solicitor to negotiate an extension with the claimant’s solicitor.

Question 25

Two defendants are served with a claim form and particulars of claim. However, at the time, they are abroad and do not return for a
further six weeks. In that time, the claimant applies for judgment in default against them. As soon as they return home and discover
the proceedings and the order, they contact their solicitor and visit them that day. The defendants deny the claim.

Which of the following best reflects the defendants’ legal position?

A. The defendants should simply pay the amount in the judgment. The defendants have failed to file an acknowledgment of service
within 14 days of the particulars of claim being served on them, and therefore they can do nothing.

B. The defendants should contact the claimant and try to negotiate. The CPR require parties to attempt alternative methods of
dispute resolution before engaging the court, and therefore the defendants should try to agree to mediate the dispute before going back to the court.

C. The defendants should apply to the court to set aside the judgment in default on the mandatory ground that the claimant has failed to serve the claim documentation on them properly. They were out of the country and therefore valid service has not taken place.

D. The defendants should file an acknowledgment of service within 14 days of returning home and their defence within 28 days of
returning home. Valid service has not taken place until they returned from abroad, leaving them unable to defend the proceedings.

E. The defendants should apply to the court to set aside the judgment in default on the discretionary ground that they had some other good reason for not dealing with the claim immediately, the good reason being that they were out of the country. Provided they
make the application promptly, it is likely that the court will set aside the judgment and allow them to defend the claim.

Answer 25

E. The defendants should apply to the court to set aside the judgment in default on the discretionary ground that they had some other good reason for not dealing with the claim immediately, the good reason being that they were out of the country. Provided they
make the application promptly, it is likely that the court will set aside the judgment and allow them to defend the claim.

Question 26

A claimant has commenced proceedings against a defendant. In the initial stages, neither party was prepared to negotiate, but after
eight months both sides engage in negotiations and agree a settlement. The settlement involves the defendant paying the claimant
the full judgment sum in instalments over 24 months.

Which of the following best represents how the parties should proceed?

A. The parties should draft the terms of settlement into the schedule of a Tomlin order, sign it and send it to the court.

B. The parties should draft the terms of settlement into a consent order, sign it and send it to the court.

C. The parties should draft the terms of settlement into open correspondence between them and ask the court to vacate the listed
trial date.

D. The parties should draft the terms of settlement into a contract that both parties sign and the claimant should discontinue
proceedings against the defendant.

E. The parties should proceed to the trial date and inform the court at that stage that the matter has been settled.

Answer 26

A. The parties should draft the terms of settlement into the schedule of a Tomlin order, sign it and send it to the court.