Responding to a Claim Flashcards
When must D respond to a claim?
Within 14 days of service of the particulars of claim, or C can obtain judgement
When is the deemed date of service when using first class post?
2nd business day after it was posted/left with the relevant service provider
When is the deemed date of service when using Document Exchange?
2nd business day after it was posted/left with the relevant service provider
When is the deemed date of service when delivering the documents/leaving them at a permitted address?
If done before 4:30pm, then on that day.
If done after, then next business day.
When is the deemed date of service when delivering the documents via email?
If done before 4:30pm, then on that day.
If done after, then next business day.
When is the deemed date of service when delivering the documents via personal service?
If done before 4:30pm, then on that day.
If done after, then next business day.
What are the ways D can respond to a claim?
Admit the claim
File and serve a defense to the claim
Acknowledge the claim and indicate they will defend the claim
Can the deadline to respond to a claim be extended?
Yes, but only for an additional 28 days (if not more than 56 in total).
Obviously this is only done where D acknowledges the claim and say they will defend it. Otherwise they will just file and serve their defense.
What happens if D admits the whole claim?
If the claim is for a specified sum: D will be responsible for that amount + accrued interest and fixed costs.
If the claim is for an unspecified sum: disposal hearing to determine appropriate level of damages
Can a party withdraw an admission?
Yes, with permission from the court. Court will consider:
- Prejudice to parties
- Reason admission was originally made
- Public interest
- When the application to withdraw was made
How must a Defendant draft their defense?
Not enough to simply deny the allegations against them.
CPR requires them to set out the reasons why they dispute the claim + give an alternative version of events to show that C’s case is unproven.
At what point can the claimant make an application for summary judgement?
One D files an acknowledgement of service.
When must D contest the court’s jurisdiction?
By application within 14 days of filing an acknowledgement of service, supported by written evidence.
D should not file a defense before the court hears this application, otherwise they are deemed to have consented to jxd.
When will an application to set aside default judgement be successful
Court must be satisfied that:
- D has a real prospect of successfully defending the claim, or
- Some other good reason why the claim should be set aside
Also, court will consider how fast D was in acting
