Responding To A Claim

Question 1

What are the 3 options for a defendant when responding to a claim?

Answer 1

File or serve an admission, File a defence, File an acknowledgment of service.

Question 2

Why would a defendant acknowledge service?

Answer 2

If it is unable to file the defence in time and needs longer than 14 days from the deemed date of service of the particulars of claim to serve a defence, OR it wishes to dispute the court has jurisdiction to hear the claim.

Question 3

When should you acknowledge service?

Answer 3

Within 14 days of the deemed date of service from the particulars of claim.

Question 4

How should the defendant acknowledge service?

Answer 4

Fill out form N9 (included in Ds response pack), confirm their name is correctly stated on the claim form, give their address for service of documents, and indicate whether they intend to defend all or part of the claim.

Question 5

What is the deadline for filing a defence if you are not filing an acknowledgment of service?

Answer 5

14 days from when the particulars of claim are deemed served.

Question 6

By how many days does filing an acknowledgment of service extend the time for filing a defence?

Answer 6

It extends the deadline to 28 days from the deemed date of service of the particulars of claim.

Question 7

If the defendant needs more time to prepare their defence, how many days extension can be agreed between a claimant and defendant?

Answer 7

Up to 28 days. If an extension is agreed, the court must be notified in writing.

Question 8

When will the defendant need to apply to the court for an extension?

Answer 8

If an extension of more than 28 days is needed or if the claimant refuses to agree to an extension of up to 28 days.

Question 9

What is a response of money paid?

Answer 9

If the defendant is served with a claim for a specified amount of money (e.g., a debt claim), but has already paid the claimant before receiving the claim, they will respond to the claim with a defence which states that the debt has already been paid.

Question 10

What are the forms the defendant needs to fill out if they are admitting the claim or part of the claim?

Answer 10

Specified claim - form N9A; Unspecified claim, or non-money, or return of goods - form N9C.

Question 11

What is the judgment amount comprised of if a whole of a specified claim is admitted?

Answer 11

Debt, Court fees, Interest, Fixed costs.

Question 12

Why will a claimant likely want to enter judgment against a defendant if they file an admission?

Answer 12

Judgment indicates that the claimant is, either completely or to some extent, the successful party.

Question 13

Once a judgment has been given upon a defendant admitting a claim, how long does the defendant have to pay?

Answer 13

Unless otherwise stated, judgment is payable within 14 days.

Question 14

If a defendant admits liability in a specified claim, can they offer to pay a sum in satisfaction of the claim?

Answer 14

Yes, if accepted by the claimant the claim will be concluded on those terms.

Question 15

What are the four rules in relation to counting time?

Answer 15

1. Clear days 1 - the day on which the period begins is never included. 2. Clear days 2 - if the end of a period is reference to an event, the day on which the event occurs is not included. 3. Where the specified period is less than 5 days, Saturdays, Sundays, Bank Holidays, Christmas Days or Good Fridays do not count. 4. Where a deadline relates to doing an act at the court office and the deadline ends on a day which the court office is closed, the act is treated as on time if done on the next day on which the court office is open.

Question 16

What is the purpose of the defence?

Answer 16

React to every point in the claimant’s particulars of claim, and state full details of the defendant’s own case.

Question 17

Should every defence include the defendant’s address for service in the jurisdiction?

Answer 17

Yes, unless an acknowledgment of service has already been filled.

Question 18

What are the three things the defendant can do in relation to the allegation made by the claimant?

Answer 18

Admit the allegation, Deny the allegation, Require proof of the allegation.

Question 19

Why should a defendant admit anything that is not disputed or non-controversial?

Answer 19

To narrow the issues and save costs and time.

Question 20

Are bare denials allowed in the defence?

Answer 20

No. The defendant must give reasons; if they are putting forward a different version of events, they must state this version.

Question 21

If the allegation made is something about which the defendant does not know, what should their response be?

Answer 21

Require proof of the allegation.

Question 22

What is the consequence of failing to deal with an allegation?

Answer 22

The defendant will be deemed to have admitted the allegation, unless it is in relation to the amount claimed, which will not be admitted unless the defendant specifically admits it.

Question 23

What will the defence end with?

Answer 23

A statement of truth.

Question 24

What is the likely wording of a general denial at or near the end of a defence?

Answer 24

“In the circumstances, it is denied that the Claimant is entitled to the amount claimed or any amount.”

Question 25

Is a reply mandatory?

Answer 25

No. It is an optional statement of case served by the claimant.

Question 26

What is the purpose of a reply?

Answer 26

Answer facts alleged by the defence which were not included in the claim.

Question 27

When should a reply be filed?

Answer 27

Reply should be filed with the directions questionnaire; parties will be given at least 14 days notice for the deadline for doing so.

Question 28

What are the purposes of statements of case?

Answer 28

To set out the data relied on and factual allegations made in support of the party’s case. It is not the place to set out evidence or law by which the claim will be proved.

Question 29

What are the most common statements of case?

Answer 29

Claim form, Particulars of claim, Defence.

Question 30

What is set out in the claim form?

Answer 30

Parties names and addresses
Brief statement of the nature of the claim
Remedy sought
Statement of value - specified claim will state the sum claimed. Unspecified claim claimant should indicate that the claimant expects to recover less than £10,000, between £10,000 and £25,000, between £25,000 and £100,000 or more than £100,000

Question 31

What is set out in the particulars of claim?

Answer 31

Set out the facts underpinning the claimant’s claim, including the facts establishing duty, breach, causation, and loss, and claim for interest.

Question 32

What needs to be included in the particulars of claim for personal injury claims?

Answer 32

The claimant’s date of birth and injuries, schedule of past and future expenses and losses.

Question 33

If there is a written contract, should it be attached to the particulars of claim?

Answer 33

Yes.

Question 34

What is a default judgment?

Answer 34

Judgment in the claimant’s favour without a trial if the defendant has not responded to the claim by either serving an acknowledgment of service or a defence within the prescribed time limits.

Question 35

When can a claimant apply for a default judgment?

Answer 35

The defendant has failed to file the acknowledgment of service and/or defence on time, the claim has not been admitted by the defendant, and the defendant has not applied for summary judgment or strike out.

Question 36

What is the difference between a default judgment and a strike out?

Answer 36

Strike out focuses on a statement of case and covers cases which do not amount to a legally recognisable claim or defence. Default judgment covers cases where the defendant has failed to respond to the claim.

Question 37

What is a summary judgment?

Answer 37

Covers cases which are weak on the facts, so the courts will consider the merits of the case.

Question 38

Which types of claim can be decided on paper when obtaining a default judgment?

Answer 38

Specified and unspecified money claims.

Specified - Court will make a for the amount sought, fixed costs and interest accrued to the date of judgment
Unspecified - The court will enter a judgment for a sum to be decided by the court and will set a timetable leading up to a hearing at which the court will decide that sum.

Question 39

Which types of claim cannot be decided on paper when obtaining a default judgment?

Answer 39

Non-money claims.
claimant must APPLY for a default judgment hearing to be listed at which the court will hear from the claimant as to why default judgment should be granted and what judgment should be given. The court will then give whatever judgment it considers appropriate.

Question 40

When must the court set aside default judgments?

Answer 40

If the judgment was wrongly entered:
- The time limit for acknowledging service or serving a defence has not, in fact, expired when judgment was entered; or
- An acknowledgment of service or defence had, in fact, been filed on time; or
- Summary judgment or strike out had been applied for before judgment was entered; or
- The defendant had, in fact, satisfied the whole of the claim before judgment was entered or admitted the claim or required time to pay.

Question 41

When may the court set aside a default judgment?

Answer 41

The defendant has a real prospect of successfully defending the claim, or there is some other good reason why judgment should be set aside.
(The court will also take into account how promptly the defendant made its application to set the judgment aside)