Responding To A Claim

Question 1

How can a defendant respond to a claim and when can they do this?

Answer 1

Defendant must respond within 14 days.

They can
(A) admit the claim in whole or part.
(B) file acknowledgement of service within 28 days.
(C) file a full defence.

Question 2

On what grounds can a default judgement be set aside?

Answer 2

(A) mandatory ground - if claim already paid in full or was entered too early - claimant pays defendants costs.

(B) discretionary grounds - defendant has a real prospect of defending the claim.
Defendant must apply promptly with N244 form and witness statement.
Defendant pays claimants costs if application fails, if successful, defendant will still have to pay claimants costs for failing to initially deal with the proceedings.

Question 3

When can a Tomlin order be used?

Answer 3

If the parties want any terms to be confidential and/or are beyond the powers of the court.