Responding to a Claim Flashcards
When must a D respond to Claim Form / Particulars of Claim?
Within 14 days of DEEMED DATE OF SERVICE (DDS)
Will a D have to respond if only the Claim Form has been served but not the Particulars of Claim?
No
What are the 4 options a D has in response to a claim?
(1) ADMIT (part / full)
(2) File ACKNOWLEDGEMENT OF SERVICE
(3) File DEFENCE
(4) IGNORE (lead to Judgment in Default)
For (1) ADMIT claim, to determine the actions that follow, what 2 questions should be asked?
(1) UNSPECIFIED or SPECIFIED claim?
(2) ADMITTED FULL or PART?
For a SPECIFIED CLAIM + FULLY ADMITTED, What are the 4 stages:
(1) Defendant:
(2) Claimant:
(3) Court:
(4) Final judgment
(1) D makes offer pay (a) Full or (b) Instalments
(2) C accept or reject
(3) IF REJECT - judge decides (no hearing)
(4) Final judgment issued
For a SPECIFIED CLAIM + FULLY ADMITTED, what 4 things will the judgment include?
(1) Amount / debt
(2) Interest
(3) Court fees
(4) Legal costs
For a SPECIFIED CLAIM + PARTIALLY ADMITTED, what are the 2 stages:
(1) Defendant
(2) Claimant
(a)
(b)
(c)
(1) D makes offer pay (a) Full or (b) Instalments
(2) C has 3 choices:
(a) Accept part admission as full satisfaction of claim + Payment terms
(b) Accept part admission as full satisfaction of claim BUT NOT Payment terms
(c) Reject part admission & continue claim
For a UNSPECIFIED CLAIM + FULLY ADMITTED, what are the 2 main steps?
(1) SETTLEMENT - D may offer £ to settle
(2) IF C REJECTS / NO OFFER - damages assessed at ‘DISPOSAL HEARING’
Why would the D file an ‘Acknowledgment of Service’?
Do NOT want to admit claim BUT are not ready to file a Defence
What is the effect of filing an ‘Acknowledgment of Service’?
Extends deadline to file a Defence to 28 days from Deeded Date of Service (DDS)
If a C wishes to extend the deadline to file a defence beyond the 28 days granted by ‘‘Acknowledgment of Service’, what are the 2 options?
(1) Agree extension with C - 56 days (from DDS)
(2) Court permission - > 56 days
