Responding to a claim

Question 1

What is the purpose of acknowledging service?

Answer 1

To allow D additional time to file a defence if unable to do so in time

This applies if D needs longer than 14 days from the Date of Service (DDS) of the Particulars of Claim (PoC) to serve defence or wishes to dispute the court’s jurisdiction.

Question 2

When must D file an acknowledgment of service?

Answer 2

14 days after service of the PoC

This is the standard timeline for acknowledging service.

Question 3

What form is used to acknowledge service?

Answer 3

Form N9

This form is specifically designated for acknowledging service in court proceedings.

Question 4

What happens if D serves an acknowledgment of service?

Answer 4

The deadline for defence extends to 28 days after DDS of PoC

This provides D with additional time to prepare their defence.

Question 5

What does the court do after D acknowledges service?

Answer 5

Court notifies C that D has acknowledged service

This ensures C is informed of D’s actions regarding the claim.

Question 6

Why would a D file an acknowledgment instead of a defence?

Answer 6

• to give them more time
• if they want to dispute jurisdiction

Question 7

When must a defence be filed?

Answer 7

If the claim is disputed.

Question 8

What conditions may extend the time to file a defence?

Answer 8

1. Claim form served out of jurisdiction.
2. D disputes court’s jurisdiction.
3. C applies for summary judgment.
4. Court orders service on an agent of a principal overseas.

Question 9

What is the maximum extension of time for filing a defence?

Answer 9

Parties can agree on an extension of time for up to 28 days, totaling 58 days from DDS of PoC

Question 10

How can a party apply for a longer extension of time?

Answer 10

They can apply to the court for a longer extension, and the court will consider the overriding objective.

Question 11

How must the defence be served?

Answer 11

It must be filed at court and served on all parties.

Question 12

What is the response of ‘Money Paid’?

Answer 12

D responds to a debt claim stating they have already paid the debt.

Question 13

What happens if D claims ‘Money Paid’?

Answer 13

The court sends notice to C to verify the claim, and C must respond within 28 days.

Question 14

What is the purpose of a defence?

Answer 14

To react to every point or allegation in C’s particulars of claim and state full details of D’s own case.

Question 15

What should a party do with non-disputed allegations?

Answer 15

They should admit any allegation that is not disputed or non-controversial.

Question 16

What are the consequences of not admitting a disputed allegation?

Answer 16

There can be cost consequences for not admitting something when one should have.

Question 17

What must D include when denying an allegation?

Answer 17

Must give reasons for each denial and can require proof if unable to admit/deny.

Question 18

What happens if D fails to deal with an allegation?

Answer 18

D is deemed to admit it, except for money claims where the amount claimed is not admitted unless D limits it.

Question 19

What must D state regarding limitation?

Answer 19

D must state the date on which limitation is deemed to have expired.

Question 20

What must D include when disputing a statement of value?

Answer 20

D must explain why it is disputed and what the value should be.

Question 21

What must D state regarding PI claims?

Answer 21

D must state whether it agrees, disputes, or has no knowledge of past and future losses.

Question 22

What happens if the defendant claims mitigation or reduction of damages?

Answer 22

This must be stated

Question 23

What is a set-off defence?

Answer 23

It is a claim that C also owes D money to cancel out the debt.

Question 24

What must be set out in a counterclaim?

Answer 24

Counterclaim, fraud, illegality or any human rights arguments

Question 25

What is usually included in a defence at the end?

Answer 25

A general denial is usually included.

Question 26

What are the types of admission forms with claim forms?

Answer 26

Form N9A – claim for a specified amount Form N9C – claim for an unspecified amount, non-money

Question 27

What can D admit regarding a specified claim?

Answer 27

D can admit the whole or part of a specified claim. ## Footnote If part, D usually sets out an offer to settle the whole claim, which C has 14 days to respond to. Judgment in part will be delivered, and D will need to file a defence in relation to the unadmitted balance.

Question 28

What may D do regarding an unspecified claim?

Answer 28

D may admit liability to pay the whole of an unspecified claim or offer a sum in satisfaction of the claim. ## Footnote The court will enter judgment for an amount to be decided later by the court and costs.

Question 29

How can D request time to pay?

Answer 29

May be done on the admission form with reasons. If C does not accept, the court will decide.

Question 30

What happens when entering judgment?

Answer 30

The court will give C the option to have a judgment in their favor entered. ## Footnote D usually prefers not to have judgment entered as judgments for money will be placed on a public, searchable register. Typically, they settle or use an order that stops short of a judgment (such as a Tomlin order).

Question 31

What is the administrative process for entering judgment?

Answer 31

Claimant completes request for judgment within 14 days of receiving notice of the admission. Judgment is payable by the defendant within 14 days unless otherwise stated.

Question 32

What is an optional statement of case by C?

Answer 32

The reply - it alleges facts in answer to D which were not included in the claim.

Question 33

When should the Reply be filed?

Answer 33

Should be filed with the Directions Questionnaire. ## Footnote Parties should be given at least 14 days’ notice of the deadline.

Question 34

What are Clear Days?

Answer 34

The day on which the period begins is never included.

Question 35

How are Clear Days defined in relation to an event?

Answer 35

The end of the period by reference to an event does not include the day on which that event occurs. ## Footnote Example: A hearing or a trial.

Question 36

What is the rule when the period of time is 5 days or less

Answer 36

Saturdays, Sundays, Bank Holidays, Christmas Days, or Good Fridays do not count.

Question 37

What happens if a deadline falls on a day when the office is closed?

Answer 37

The act is treated as on time if done on the next day when the court office is open.