Statements of Case. Acknowledgment of service, defences, replies and counterclaims

Question 1

Rule 10.1 - Acknowledgment of service

Answer 1

(1) This Part deals with the filing of an acknowledgment of service.

(2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

(3) A defendant must file an acknowledgment of service if—

(a) they are unable to file a defence within the period specified in rule 15.4; or

(b) they wish to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction.)

Question 2

Rule 10.2 - Consequence of not filing an acknowledgment of service

Answer 2

If—

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

Question 3

Rule 10.3 - The period for filing an acknowledgment of service

Answer 3

(1) The general rule is that the period for filing an acknowledgment of service is—

(a) 14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow; and

(b) 14 days after service of the claim form in any other case.

(2) The general rule is subject to the following rules—

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

(c) rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

Question 4

Rule 16.5 - Contents of defence

Answer 4

(1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating—

(a) which of the allegations are denied;

(b) which allegations they are unable to admit or deny, but which they require the claimant to prove; and

(c) which allegations they admit.

(2) Where the defendant denies an allegation—

(a) they must state their reasons for doing so; and

(b) if they intend to put forward a different version of events from that given by the claimant, they must state their own version.

(3) If a defendant—

(a) fails to deal with an allegation; but

(b) sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant,
the claimant is required to prove the allegation.

(4) Where the claim includes a money claim, the claimant must prove any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 they must—

(a) state why they dispute it; and

(b) if they are able, give their own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, they must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, they must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth.)

(Rule 6.23 makes provision in relation to addresses for service.)

Question 5

Rule 16.6 - Defence of set-off

Answer 5

Where a defendant—

(a) contends that they are entitled to money from the claimant; and

(b) relies on this as a defence to the whole or part of the claim,

the contention may be included in the defence and set off against the claim, whether or not it is also an additional claim.

Question 6

Rule 16.7 - Reply to defence

Answer 6

(1) If a claimant does not file a reply to the defence, the defendant must prove the matters raised in the defence.

(2) If a claimant—

(a) files a reply to a defence; but

(b) fails to deal with a matter raised in the defence,

the defendant must prove that matter even though it is not dealt with in the reply.

(Part 22 requires a reply to be verified by a statement of truth.)

Question 7

Rule 16.8 - Court’s power to dispense with statements of case

Answer 7

If a claim form has been—

(a) issued in accordance with rule 7.2; and

(b) served in accordance with rule 7.5,

the court may make an order that the claim will continue without any other statement of case.

Question 8

Rule 15.1 - Part not to apply where claimant uses Part 8 procedure

Answer 8

This Part does not apply where the claimant uses the procedure set out in Part 8.

Question 9

Rule 15.2 - Filing a defence

Answer 9

A defendant who wishes to defend all or part of a claim must file a defence.

(Part 14 contains further provisions which apply where the defendant admits a claim.)

Question 10

Rule 15.3 - Consequence of not filing a defence

Answer 10

If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

Question 11

Rule 15.4 - The period for filing a defence

Answer 11

(1) The general rule is that the period for filing a defence is—

(a) 14 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(2) The general rule is subject to rules 3.4(7), 6.12(3), 6.35, 11 and 24.4(2).

Question 12

Rule 15.5 - Agreement extending the period for filing a defence

Answer 12

(1) The defendant and the claimant may agree to extend the period for filing a defence specified in rule 15.4 by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Question 13

Rule 15.6 - Service of copy of defence

Answer 13

A copy of the defence must be served on every other party.

(Part 16 sets out what a defence must contain.)

Question 14

Rule 15.7 - Making a counterclaim

Answer 14

Part 20 applies to a defendant who wishes to make a counterclaim. Where a defendant serves a counterclaim the defence and counterclaim must, other than for good reason form one document with the counterclaim following the defence.

Question 15

Rule 15.8 - Reply to defence and defence to counterclaim

Answer 15

If a claimant files a reply to the defence—

(a) the claimant must—

(i) file the reply with a directions questionnaire; and

(ii) serve the reply on the other parties at the same time as it is filed; and

(b) the reply should form one document with any defence to counterclaim, with the defence to counterclaim following the reply, unless the dates on which they are due to be filed differ from one another.

Question 16

Rule 15.9 - No statement of case after a reply to be filed without court’s permission

Answer 16

A party may not file or serve any statement of case after a reply without the permission of the court.

Question 17

Rule 15.10 - Claimant’s notice where defence is that money claimed has been paid

Answer 17

(1) Where—

(a) the only claim (apart from a claim for costs and interest) is for a specified amount of money; and

(b) the defendant states in his defence that he has paid to the claimant the amount claimed,
the court will send notice to the claimant requiring the claimant to state in writing whether the claimant wishes the proceedings to continue.

(2) A copy of the claimant’s response must be served on the defendant at the same time as it is filed.

(3) If the claimant fails to respond within 28 days after service of the court’s notice the claim shall be stayed.

(4) Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

(5) If the claimant files a notice stating a wish that the proceedings should continue, the procedure set out in Part 26 shall apply.

Question 18

Rule 15.11 - Claim stayed if it is not defended or admitted

Answer 18

(1) Where—

(a) at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;

(b) no defendant has served or filed an admission or filed a defence or counterclaim; and

(c) no party has entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment); and

(d) no defendant has applied to strike out all or part of the claim form or particulars of claim,
the claim shall be stayed.

(2) Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

Question 19

PD 16 General

Answer 19

9.1
Where a claim is for a sum of money expressed in a foreign currency it must state—

(1)that the claim is for payment in a specified foreign currency,

(2)why it is for payment in that currency,

(3)the Sterling equivalent of the sum at the date of the claim, and

(4)the source of the exchange rate relied on to calculate the Sterling equivalent.

9.2
A subsequent statement of case must not contradict or be inconsistent with an earlier one; for example a reply to a defence must not bring in a new claim. Where new matters have come to light a party may seek the court’s permission to amend their statement of case.

9.3
In clinical negligence claims, the words “clinical negligence” should be inserted at the top of every statement of case.

Question 20

Statement of truth

Answer 20

10.1
The defence must be verified by a statement of truth in the form specified in paragraph 2.1 of Practice Direction 22.

Question 21

Matters which must be included in the defence
Personal injury claims

Answer 21

11.1
Where the claim is for personal injuries and the claimant has attached a medical report in respect of the alleged injuries, the defendant should—

(1)state in the defence whether the defendant—

(a)agrees;

(b)disputes; or

(c)neither agrees nor disputes but has no knowledge of,
the matters contained in the medical report;

(2)where the defendant disputes any part of the medical report, give in the defence their reasons for doing so; and

(3)where the defendant has obtained their own medical report, attach it to the defence.

11.2
Where the claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to the defence a counter-schedule stating—

(1)which of those items the defendant—

(a)agrees;

(b)disputes; or

(c)neither agrees nor disputes but has no knowledge of; and

(2)where any items are disputed, supplying alternative figures where appropriate.

11.3
The defendant must give details of the expiry of any relevant limitation period relied on.

Question 22

Other matters

Answer 22

12.1
Rule 37.3 and paragraph 2 of Practice Direction 37 contains information about a defence of tender.

12.2
A party may in a statement of case—

(1)refer to any point of law;

(2)give the name of any witness they propose to call,
and may attach to it a copy of any document necessary to their case (including any expert’s report under Part 35).