Responding to a Claim (acknowledging service, defending, or admitting)

Question 1

what are the 3 options for D when it receives particulars of claim from C?

Answer 1

1) file an admission

2) file a defence

3) file an acknowledgement of service

Question 2

what is the effect of D filing an acknowledgment of service?

Answer 2

AoS extends time for filing defence to 28 days after deemed date of service of PoC (instead of 14)

Question 3

what is the time limit to file an acknowledgement of service?

Answer 3

file AoS within 14 days of deemed service of particulars of claim

Question 4

why would D file an acknowledgement of service? (2)

Answer 4

(1) if D knows that it cannot file the defence in time - needing longer than 14 days from the deemed date of service of the particulars of claim to prepare and file

(2) or if D disputes the jurisdiction (so D should not file a defence but the AoS prevents C from entering default judgement)

(it is always a good idea to file an AoS as this gives D the breathing space to investigate the claims and prepare their defence and D does not need to justify why it wishes to extend the deadline - also D can still file a defence within the original deadline even if it filed an AoS)

Question 5

what is the time limit for D to file a defence?

Answer 5

D did not file acknowledgement of service = within 14 days of deemed service of particulars of claim

D filed acknowledgement of service = within 28 days of deemed service of particulars of claim

Question 6

how can D extend the time limit to file its defence? (3 ways)

Answer 6

(1) file acknowledgement of service = extends to within 28 days of deemed service of particulars of claim

(2) agree with C to extend and send the written agreement to court = but D and C can only agree to a further 28 days (so D can have a max of 56 days) - parties can agree to extend whether D filed an AoS or not

(3) apply to court for longer extension

Question 7

what is the MAX time D can extend to file its defence without applying to court?

Answer 7

56 days from deemed date of POC service

• 28 days from acknowledgement of service
• 28 days if agreed with claimant and sent written notice to court

Question 8

what are the court’s considerations when D applies to extend the time limit for filing a defence? (3)

Answer 8

(1) Overriding objective: the court must ensure that the overriding objective is furthered in deciding whether to grant or reject the extension

(2) The reasons for the extension and for D needing the additional time

(3) The impact of the extra time on the conduct of the claim = but trial dates and hearings will not have been set yet, so this might be an argument in D’s favour
 

Question 9

when may the general time limits not apply to D for filing a defence?

Answer 9

(1) D applies to contest court jurisdiction - D does not need to file a defence before the hearing for this application

(2) CF served outside jurisdiction - longer time limits apply

(3) C applies for summary judgement before D files defence - D does not need to file a defence before the hearing for this application

Question 10

if D is served with a claim for a specified amount of money (e.g., a debt claim) but D already paid C, what can D do?

Answer 10

D responds to claim with a defence stating ‘money paid’

court then sends notice to C

C has 28 days to respond and serve response on D - either agreeing or disputing

Question 11

when should D file an admission of the claim?

Answer 11

within 14 days of deemed service of particulars of claim

Question 12

how to admit a specified money claim?

Answer 12

specified money claim = where quantum is known

d can admit:

1) whole: c can enter judgement quickly (debt is known)

or

2) part: c can enter judgement on part and D files a defence on the rest

Question 13

how to admit an unspecified money claim/non-money claim?

Answer 13

unspecified money claim / non-money claim
= liability resolved but quantum must be calculated at a hearing

2 options:

1) D admits the whole of the unspecified sum –> C makes request for judgement, court enters judgement on liability, quantum decided at later hearing

or

2) D offers a sum in satisfaction, if C agrees it requests entering judgement, if C disagrees then hearing required

Question 14

D admits the claim but D cannot pay in time (within 14 days of judgement), what should D do?

Answer 14

REQUEST TIME TO PAY

• D will propose a later date to pay or to pay by instalments
• D makes this application at the same time as admission (and provides their financial information)
• C can object - so court will determine rate of payment

Question 15

when does C enter judgement? what is this? time limit? what are the alternatives to entering judgement?

Answer 15

• after D admits, C enters judgement
• entering judgement = final order that disposes of claim saying C is successful
• no judicial involvement - administrative process
• time limit = 14 days of C receiving notice of admission by D
• alternatives: Tomlin order or withdrawing claim

Question 16

what happens if D does not admit claim/ file defence/ file acknowledgement of service within time limits AND does not apply for summary judgement or strike out?

Answer 16

C can apply for default judgement