Responding to a claim Flashcards
4 options for responding to a claim
- file an admission
- file an acknowledgement of service
- file a defence
- do nothing
Deadline for responding to a claim
Within 14 days of deemed service of both claim form and the particulars of claim
Claimant’s options for responding to defendant’s filing of a part-admission + deadline for it
- accept part-admission
- accept part-admission but not the payment offer (ask court to decide on payment rate)
- reject offer and proceed with claim
Has 14 days to choose
Effect of filing an acknowledgement of service
It extends the period to file a defence to 28 days after service of claim form and the particulars of claim
Can the time period allowed for filing a defence be extended?
Yes- the parties can extend it by max. 28 days (to a total max. of 56 days)
Court has to give permission for any further extensions
When can C NOT apply for a default judgement?
If D:
- applied for summary judgement, or
- D applied to strike out C’s statement of case
What must C do to apply for a default judgement in a specified claim?
- show when payment was due,
- calculate total including interest,
- state daily interest rate
D must may payment within 14 days of court entering judgement
What is needed for a default judgement in an unspecified claim?
Disposal hearing, to calculate damages
Mandatory ground to set aside default judgement
Judgement wrongly entered:
- time limit for acknowledgement/defence hasn’t expired yet, or
- C already paid
Discretionary grounds for setting aside default judgement
- D has real prospect of success in depending the claim, or
- there’s good reason why D should be allowed to defend the claim (eg. was ill/away)
How are costs allocated for a claim to set aside a default judgement
The party that is at fault pays
BUT: if the judgement is set aside on the discretionary ground of there being a good reason for D to defend the claim, the costs are in the case
Who is liable for costs if the claimant discontinues the claim?
The claimant
Is permission needed to discontinue a claim?
Generally no
But: if more than 1 claimant, then all claimants or court must give permission for discontinuance
What is a consent order?
It records a settlement reached after proceedings were issued
Formalities for consent orders
- must be drawn up in agreed terms, featuring only terms within the court’s power,
- must be expressed as being “by consent”,
- signed by legal representative of each party
Effect of a consent order
Once obligations under it are met, the claim ends
What is a Tomlin order?
It stays a claim on agreed terms, and allows the terms to be put separately to keep them confidential (in a schedule to the order, or a separate document)
Terms required to be in a Tomlin order
- that it’s “by consent”,
- that the proceedings are stayed,
- liberty to apply to lift the stay and enforce the settlement,
- payment of costs (or to request court to assess the other party’s costs),
- signatures of party’s solicitors
How to dispute a court’s jurisdiction
- state this is the acknowledgement of service,
- make a challenge within 14 days
If successful, proceedings end
If unsuccessful, must file another acknowledgement within 14 days, and claim continues
