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Dispute Resolution > Responding to proceedings > Flashcards

Responding to proceedings Flashcards

1
Q

What can C do if D fails to meet deadlines for responding to proceedings?

A

C can request/apply for default judgement (C automatically succeeds without considering merits)

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2
Q

What 3 options does D have when responding to proceedings?

A
  1. File or serve admisssion (i.e. does not wish to defend)
  2. File a defence (can file admission and defence if only admits part of claim)
  3. File acknowledgement of service (if wants more time for defence)
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3
Q

Regardless of whether D wants to defend or acknowledge service, by when must either come within?

A

Within 14 days of deemed service of POC (or CF if POC was attached)

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4
Q

Why might D acknowledge service?

A
  • Cannot file defence in time and needs longer than 14 days
  • Wishes to dispute court has jurisdiction to hear claim

Acknowledging service not compulsory step in claim; if defence is ready D should choose to defend instead straight away

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5
Q

What form is used for acknowledgement of service and what does D include on it when is it completed?

A

Form N9 - sent to D in response pack

  • D confirms name is correctly stated on CF and gives address for service of docs
  • Indicates whether they intend to defend all/part of claim or contest jurisdiction
  • Space on acknowledgement of service to indicate why it is acknowledging
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6
Q

What is the effect that filing acknowledgement of service has on the the deadline for filing a defence?

A

If D files acknowledgement of service intdicating intention to defend, the deadline for serving defence is extended to 28 days after deemed date of service of POC

Will otherwise have 14 days from DDOS

E.g. CF with POC deemed served on Friday 9 Dec - D must file ack or defence within 14 days of this date and defence within 28 days of this date…

  • Day 1 = Sat 10 Dec
  • Day 14 = Fri 23 Dec
  • Day 28 = Fri 6 Jane

Last day for defence to be filed = Fri 6 Jan

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7
Q

How will the C find out that service has been acknowledged?

A

Court notifies C in writing, but D’s solicitors will often also often notify C’s solicitors directly too

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8
Q

When will a longer period for filing defence apply?

Not counting extension

A
  • Where CF served out of jurisdiction
  • Where court makes order for service of a CF on agent of principal who is overseas
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9
Q

A defence does not need to be served before what hearing?

A

D’s application for disputing jurisdiction or C’s application for summary judgement

I.e. if these hearings are going to take place, D does not need to file defence

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10
Q

How long can the time to serve a defence be extended by without having to apply to court for permission? How?

A

56 days - parties can agree extension for serving defence of up to 28 days (on top of 28 days given by acknowledgement of service) and must notify court

Court must be notified in writing if so

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11
Q

In what cases will a D need to apply to court for extension of time to serve defence?

A
  1. Parties have already agreed extension of 28 days
  2. C refuses to agree extension of up to 28 days

D ensures OO is furthered when deciding whether to grant extension

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12
Q

What will D respond to a claim for a specified amount of money (e.g. debt claim) that they have already paid? What happens after this?

A
  • Will respond to claim with a defence which states that debt has already been paid
  • Court sends notice to C asking whether this defence is correct - C has 28 days to respond or claim is stayed
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13
Q

What will C do from here?

After D responds with defence stating that debt (which C is claiming for) has already been paid and court has sent a notice to C asking if this is correct

A
  • Does not wish to continue = end case
  • Wishes to continue (do not agree debt paid/want interests and costs) = claim proceeds as a defended claim

Whatever response, C must serve copy on D

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14
Q

What are the different forms for admitting the claim for specified amount and unspecified amount, non-money or return of goods?

A
  • Specified amount = Form N9A
  • Unspecified amount, non-money or return of goods = Form N9C
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15
Q

When must a D wishing to admit whole or part of claim send relevant admission to court (or C if admitting specified claim in full)?

A

Within 14 days of DDOS of POC

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16
Q

What is a specified claim?

A

Money that needs to be paid is already known - no obstacles to prompt determination of amount to claim (interest calculated to date of payment, court fees known, fixed court fees apply)

Cf unspecified claims which include claims for damages (rmb damages not specified even though losses will be set out in POC)

17
Q

What does C have the right to do once D admits the specified claim?

A

Enter judgement against D for admitted sum (which includes interest)

18
Q

When will admitted sum not include interest?

A

Where one of parties is a child/protected party

19
Q

Where D admits only part of a specified claim, what happens to rest of balance? What must D do?

Cf whole of specified claim - exact amount due can be calculated immediately

A

The rest of balance remains in dispute and D needs to file a defence re unadmitted balance

20
Q

What 2 things might D do when admitting unspecified claim? What can C then do?

I.e. liability resolved but quantum must be decided

A
  1. Admit liability to pay whole claim for unspecified amount of money; or
  2. Admit liability and offer a sum in satisfaction of claim

C can then enter judgement on liability against D for amount offered in satisfaction (if accepted) or for amount to be decided later by court (and costs)

Option indicated on Form N9C

21
Q

What can D make a request for where admission amounts to a specified amount of money (whole/part of specified claim or offer to pay amount in satisfaction of unspecified sum)?

A

Request for time to pay i.e. a proposal to pay by certain date/in instalments

22
Q

When can request for time to pay (in instalments) be made? What else will D supply?

A
  • At same time as admission
  • D will also supply personal financial information (income, outgoings, debts) and reasons they are unable to immediately pay
23
Q

What happens if C does not accept D’s request of time to pay (i.e. proposal)?

A

Court determines rate of payment considering information supplied by D and objections raised by C

24
Q

What does it mean to enter a judgement?

I.e. when C can enter judgement against D following admission

A

To make the final recording of decision (judgement = final order disposing of claim)

Indicates C is the successful party

25
Q

Why would D not want to have judgement entered?

A

Avoid enforcement proceedings and having judgement for money on public register (impacts credit ratings)

26
Q

How can the parties/D prevent a judgement from being entered?

A
  • Conclude admitted claim by settlement instead of judgement (Tomlin order, C withdraws claim)
  • D pays specified claim in full within 14 day period for responding to claim
27
Q

In specified claims, what will the judgement comprise? Where will credit be given to D?

I.e. money

A
  1. Amount of claim/debt inc interest to date of issue of claim
  2. Interest since date of issue (using daily rate from POC)
  3. Court fees
  4. Fixed costs

Credit will be given for any amounts paid by the defendant, leaving a net balance due

28
Q

In unspecified claims, what will the judgement comprise?

I.e. money

A

Judgement on liability only, so no amount of damages recorded - instead matter will be listed for subsequent hearing (evidence heard on issue of quantum and judge hands down judgement recording amount due)

29
Q

What is the process for entering judgement after a claim is admitted? How long is there to do this?

I.e. will do this after D sends admission of claim (have not been in court yet)

A
  • Administrative process: no judicial invovlement, C files paperwork and there is no hearing
  • C must complete request for judgement and reply to admission form within 14 days of receiving notice of the admission
30
Q

What does a C include in the request for judgement (paperwork)?

A

Judgement amount, inc interest, court fees and fixed costs (plus any payments made by D)

31
Q

What happens once the court receives request for judgement? What must the D do?

A
  • Court enters judgement sending to parties = claim effectively concludes
  • D must pay judgement within 14 days unless otherwise stated (and enforcement proceedings can be taken by C after this time)
32
Q

What are the 4 most important rules of counting time?

A
  1. Clear days (days = clear days always) - day on which period begins is never included (day on which period begins is day 0)
  2. End of period defined by reference to certain event - day on which event occurs not included (like above rule but going other way)
  3. Where specified period is 5 days or less - any weekend days, bank holidays, Christmas Day or Good Friday does not count
  4. Where deadline on day on which office closed - act treated on time if done on next day court office open (e..g lands on bank holiday, will be next day)
33
Q

A trial is listed for Weds 15 June - what is the earliest and latest date on which trial bundle can be filed?

Trial bundle served no more than 7 days and no less than 3 days

REALLY GOOD EXAMPLE OF HOW COUNTING TIME WORKS

A

Earliest = Tues 7 June

  • Rule is no more than 7 days
  • 7 days here are (going backwards): Tues, Mon, Sun, Sat, Fri, Thurs, Weds = 7 clear days
  • If it was served on Mon 6 June, this would be 8 clear days (too many!)

Latest = Thurs 9 June

  • Rule is no less than 3 days
  • Tues, Mon, Fri (and not inc weekend days because under 5 days) = 3 clear days
34
Q

Summary of responding to proceedings

A

Dispute Resolution (20 decks)

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