Responding to a claim Flashcards

1
Q

4 options for responding to a claim

A
  1. file an admission
  2. file an acknowledgement of service
  3. file a defence
  4. do nothing
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2
Q

Deadline for responding to a claim

A

Within 14 days of deemed service of both claim form and the particulars of claim

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3
Q

Claimant’s options for responding to defendant’s filing of a part-admission + deadline for it

A
  1. accept part-admission
  2. accept part-admission but not the payment offer (ask court to decide on payment rate)
  3. reject offer and proceed with claim

Has 14 days to choose

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4
Q

Effect of filing an acknowledgement of service

A

It extends the period to file a defence to 28 days after service of claim form and the particulars of claim

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5
Q

Can the time period allowed for filing a defence be extended?

A

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

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6
Q

When can C NOT apply for a default judgement?

A

If D:
- applied for summary judgement, or
- D applied to strike out C’s statement of case

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7
Q

What must C do to apply for a default judgement in a specified claim?

A
  • show when payment was due,
  • calculate total including interest,
  • state daily interest rate

D must may payment within 14 days of court entering judgement

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8
Q

What is needed for a default judgement in an unspecified claim?

A

Disposal hearing, to calculate damages

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9
Q

Mandatory ground to set aside default judgement

A

Judgement wrongly entered:
- time limit for acknowledgement/defence hasn’t expired yet, or
- C already paid

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10
Q

Discretionary grounds for setting aside default judgement

A
  • 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)
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11
Q

How are costs allocated for a claim to set aside a default judgement

A

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

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12
Q

Who is liable for costs if the claimant discontinues the claim?

A

The claimant

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13
Q

Is permission needed to discontinue a claim?

A

Generally no
But: if more than 1 claimant, then all claimants or court must give permission for discontinuance

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14
Q

What is a consent order?

A

It records a settlement reached after proceedings were issued

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15
Q

Formalities for consent orders

A
  • 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
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16
Q

Effect of a consent order

A

Once obligations under it are met, the claim ends

17
Q

What is a Tomlin order?

A

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)

18
Q

Terms required to be in a Tomlin order

A
  • 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
19
Q

How to dispute a court’s jurisdiction

A
  • 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