W2

Question 1

What are the three options available to a defendant after being served with particulars of claim?

Answer 1

After being served with particulars of claim, the defendant has three options: admitting the claim, defending the claim, or filing an acknowledgment of service.

Question 2

What is the purpose of filing an acknowledgment of service?

Answer 2

The purpose of filing an acknowledgment of service is to extend the time for filing a defense. It is done if the defendant needs more time to prepare their defense or wishes to dispute the court’s jurisdiction.

Question 3

What are the consequences of failing to meet the deadlines for responding to proceedings?

Answer 3

If the defendant fails to meet the deadlines for responding to proceedings, the claimant can request or apply for a default judgment. This means that the claimant has effectively automatically succeeded in their claim without the court considering the merits.

Question 4

What is the purpose of counting time in relation to responding to proceedings?

Answer 4

Counting time is important in relation to responding to proceedings as it helps determine the deadlines for filing a defense and avoiding the risk of sanctions. It is explained in the element titled ‘counting time’.

Question 5

What are the time limits for filing an acknowledgment of service and a defense?

Answer 5

The time limit for filing an acknowledgment of service is 14 days after the deemed date of service of the claim form or particulars of claim. The time limit for filing a defense is 14 days after the deemed date of service of the particulars of claim. Filing an acknowledgment of service extends the time for filing a defense to 28 days after the deemed date of service of the particulars of claim.

Question 6

What happens if a defendant admits a specified claim in full?

Answer 6

If a defendant admits a specified claim in full, judgment can be entered for the debt, interest, court fees, and fixed costs. The claim will be concluded.

Question 7

When should a defendant file an acknowledgment of service?

Answer 7

A defendant should file an acknowledgment of service within 14 days of the deemed date of service of the claim form or particulars of claim. This extends the time for filing a defense to 28 days from the deemed date of service of the particulars of claim.

Question 8

What are the possible steps a defendant can take in response to a claim?

Answer 8

In response to a claim, a defendant can file or serve an admission, file a defense, or file an acknowledgment of service. The specific steps depend on the circumstances and are explained in CPR 9, CPR 14, and CPR 15.

Question 9

What is the purpose of filing an admission and a defense?

Answer 9

A party can file an admission and a defense if they admit only part of the claim. This is explained in CPR 14 and CPR 15. Filing an admission and a defense allows the defendant to dispute part of the claim while admitting the rest.

Question 10

What happens if a defendant fails to file a defense within the prescribed time limits?

Answer 10

If a defendant fails to file a defense within the prescribed time limits, the claimant can request or apply for a default judgment. This means that the claimant has effectively automatically succeeded in their claim without the court considering the merits. The element ‘default judgment’ explains this further.

Question 11

What is the purpose of filing an acknowledgment of service when responding to proceedings?

Answer 11

The purpose of filing an acknowledgment of service is to extend the time for filing a defense. It is done if the defendant needs more time to prepare their defense or wishes to dispute the court’s jurisdiction. Filing an acknowledgment of service also notifies the court and the claimant that the defendant intends to defend the claim.

Question 12

What are the consequences of failing to comply with the deadlines for responding to proceedings?

Answer 12

Failing to comply with the deadlines for responding to proceedings has the potential to lead to sanctions being imposed on the defaulting party.

Question 13

What is the purpose of calculating interest in a claim?

Answer 13

Interest can be calculated to the date of payment in order to determine the amount of the claim. This calculation is done when the court fees are known and fixed court costs will apply.

Question 14

How does a defendant admit a claim?

Answer 14

A defendant can admit the whole claim for a specified amount of money or only part of the claim. They indicate their admission on Form N9A and specify whether the whole or only part of the claim is admitted.

Question 15

What happens if a defendant admits the whole claim?

Answer 15

If the defendant admits the whole claim, the claimant has the right to enter judgment against the defendant for the admitted sum, which includes interest. This applies unless one of the parties is a child or protected party.

Question 16

What happens if a defendant admits only part of a claim?

Answer 16

If the defendant admits only part of a claim, they state the amount of the claim that is admitted, and the balance remains in dispute. The defendant needs to file a defense in relation to the unadmitted balance of the claim.

Question 17

What happens if the defendant admits the whole of an unspecified claim?

Answer 17

If the defendant admits the whole of an unspecified claim, judgment on liability can be given. However, liability is disposed of only, and a subsequent hearing and judgment are required to determine the quantum or the amount due.

Question 18

What is the purpose of requesting time to pay?

Answer 18

If the admission amounts to a specified amount of money, the defendant may make a request for time to pay. This request proposes a payment by a certain date or by instalments. The defendant can provide personal financial information and reasons for being unable to pay immediately.

Question 19

How is judgment entered following an admission?

Answer 19

Once the claimant has established that they are entitled to judgment, entering judgment for a specified sum following an admission is an administrative process. The claimant completes a request for judgment and reply to admission form, indicating the judgment amount, any payments made by the defendant, and other relevant details. The court staff will then enter judgment based on this request.

Question 20

What happens after judgment is entered?

Answer 20

After judgment is entered following an admission, the claim is effectively concluded. The judgment is payable by the defendant within 14 days, unless otherwise agreed or stated. If the defendant does not pay, enforcement proceedings can be taken against them to secure payment of any outstanding sums.

Question 21

Why might parties decide to conclude an admitted claim by way of settlement instead of entering judgment?

Answer 21

Parties might decide to conclude an admitted claim by way of settlement instead of entering judgment to avoid the possibility of enforcement proceedings and the impact on an individual’s credit rating. They might use an order such as a Tomlin Order or the claimant may agree to withdraw the claim.

Question 22

What is the amount included in a judgment for a specified claim?

Answer 22

In specified claims, the judgment includes the amount of the claim or debt, including interest to the date of issue, interest since the date of issue, court fees, and fixed costs. Credit is given for any amounts paid by the defendant, leaving a net balance due.

Question 23

What is the judgment for an unspecified claim?

Answer 23

In unspecified claims, the judgment is on liability only, and no amount of damages is recorded. The matter will be listed for a subsequent hearing where evidence will be heard on the issue of quantum, and the judge will determine the amount due, including interest and provision for costs.

Question 24

What happens if a defendant requests time to pay?

Answer 24

If the defendant requests time to pay, the court will determine the rate of payment based on the information supplied by the defendant and the objections raised by the claimant. The court takes into account the defendant’s proposal to pay by a certain date or by instalments.

Question 25

What is the purpose of entering judgment following an admission?

Answer 25

Entering judgment following an admission is an administrative process that concludes the claim. It disposes of the claim and indicates that the claimant is the successful party, either completely or to some extent. Defendants usually prefer not to have a judgment against them to avoid enforcement proceedings and potential impact on their credit rating.

Question 26

What are the four rules for counting time in civil procedure rules?

Answer 26

The four rules for counting time are: 1) Clear days - the day on which a period begins is never included; 2) Clear days - the end of the period defined by reference to an event is not included; 3) Clear days - any Saturdays, Sundays, Bank Holidays, Christmas Days, or Good Fridays in the time period do not count if the specified period is 5 days or less; 4) Deadlines on days when the office is closed - if a deadline relates to doing an act at the court office and the deadline ends on a day when the office is closed, the act is treated as on time if done on the next day when the office is open.

Question 27

What is the time period for a defendant to respond to a claim?

Answer 27

A defendant should respond within 14 days of service of the particulars of claim. Alternatively, the defendant can file an acknowledgement of service, which extends the period for filing the defence from 14 to 28 days.

Question 28

What happens if a defendant fails to respond to the particulars of claim in time?

Answer 28

If a defendant fails to respond to the particulars of claim in time, they may face a default judgment. They can apply to set this aside, but if properly entered, the defendant will need to show a real prospect of success in defending the claim or another good reason to set aside the judgment.

Question 29

Who initiates a claim and how is it commenced?

Answer 29

The very start of a claim is led by the claimant. After any pre-action communications, the claimant might commence proceedings by issuing a claim at court, and then serving the claim form and particulars of claim on the defendant.

Question 30

What are the options available to a defendant when responding to the particulars of claim?

Answer 30

The responses available to the defendant are to file an acknowledgement of service, to file a defence, and/or to admit part or all of the claim.

Question 31

Why would a defendant choose to file an acknowledgement of service?

Answer 31

The most likely reason is that the defendant will then obtain an additional 14 days from deemed service of the particulars of claim to file a defence. Filing an acknowledgement of service has bought the defendant some extra time.

Question 32

What happens if a defendant wishes to dispute the court’s jurisdiction?

Answer 32

If the defendant wishes to dispute the court’s jurisdiction, they can file an acknowledgement of service followed by an application indicating the basis on which the defendant disputes the court’s jurisdiction.

Question 33

What are the rules for counting time in relation to legal proceedings?

Answer 33

When counting time, the date on which the period begins is not counted. The day on which the period ends is included unless the period ends on an event. If the period is five days or less, weekends are not counted, but otherwise, they are. If an act needs to be done on a day when the court office is closed, it can be done on the next day that the court office is open.

Question 34

What are the consequences of failing to deal with an allegation made by the claimant in the defence?

Answer 34

If the defendant omits to deal with any allegation made by the claimant, the defendant will be deemed to admit it, unless it has set out its own case in respect of that allegation, in which case it will be deemed not to admit it. In a money claim, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it.

Question 35

What is the purpose of a defence and what should it include?

Answer 35

The purpose of a defence is for the defendant to respond to the claimant’s claim as set out in the particulars of claim and state full details of the defendant’s own case. The defence must deal with every allegation contained in the particulars of claim by either admitting, denying, or requiring proof of the allegation. It should also include the defendant’s address for service and any specific points relevant to the claim.

Question 36

What are the options available to a defendant if they fail to respond to the proceedings?

Answer 36

If the claim has been properly issued and served and the time limits for the defendant responding have passed, the claimant can request or apply for judgment in default. This means that the claimant has won, but it is given for the procedural reason that the defendant has failed to respond to the proceedings, not due to any consideration of the merits of the claim.

Question 37

What is the purpose of a reply in a legal case?

Answer 37

The reply is an optional final statement of case in which the claimant alleges any facts in answer to the defence that have not already been included in the claimant’s earlier claim.

Question 38

What happens if a defendant fails to respond to the proceedings and a judgment in default is entered?

Answer 38

If a defendant fails to respond to the proceedings and a judgment in default is entered, the claimant has won the case. However, the defendant can still apply to have that judgment set aside by showing a real prospect of successfully defending the claim or another good reason why the judgment should be set aside or varied.

Question 39

What are the consequences of failing to admit or deny an allegation made by the claimant?

Answer 39

If the defendant fails to admit or deny an allegation made by the claimant, it will generally be taken to be admitted by the defendant. However, in a money claim, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it.

Question 40

What should be included in a defence when disputing an allegation made by the claimant?

Answer 40

When disputing an allegation made by the claimant, the defendant should give reasons for the denial and, if applicable, state its own version of events. It is not acceptable to make a ‘bare denial’ without giving reasons.

Question 41

What are the options available to a defendant when they are unable to admit or deny an allegation?

Answer 41

If a defendant is unable to admit or deny an allegation because it is something about which the defendant does not know, they can require proof of the allegation. This means that the claimant will have to prove the allegation.

Question 42

What happens if a defendant fails to deal with an allegation made by the claimant in the defence?

Answer 42

If the defendant fails to deal with an allegation made by the claimant in the defence, the defendant will be deemed to admit it, unless the defendant has set out its own case in respect of that allegation. In a money claim, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it.

Question 43

What must be included in the defence when raising the defence of limitation?

Answer 43

When raising the defence of limitation, the defendant must state the date on which the limitation period is deemed to have expired.

Question 44

How can a defendant dispute the claimant’s valuation of the claim?

Answer 44

A defendant can dispute the claimant’s valuation of the claim by stating why it disputes it and providing its own estimate of the value.

Question 45

In personal injury claims, what must the defendant state regarding the schedule of past and future expenses and losses?

Answer 45

In personal injury claims, the defendant must state whether it agrees, disputes, or has no knowledge of the matters in the schedule of past and future expenses and losses. The defendant must also provide reasons for its stance.

Question 46

What is the purpose of a general denial in a defence?

Answer 46

A general denial in a defence denies the entitlement of the claimant to the amount claimed or any part of it. It effectively states that the defendant does not owe the claimed amount.

Question 47

What are some other matters that should be included in a defence?

Answer 47

In addition to specific matters such as limitation, valuation disputes, and set-off, a defence should also include any other matter that is a defence to the claim or raises issues of fact not included in the claim, such as fraud or illegality. Any human rights arguments relied upon or relief sought should also be included.

Question 48

What is the purpose of a reply in the litigation process?

Answer 48

A reply is an optional statement of case served by the claimant. Its purpose is to allege facts in answer to the defence that were not included in the claim. The contents of a reply will therefore be factual allegations that respond to new points raised in the defence.

Question 49

When should a reply be filed and what is the last statement of case in a claim?

Answer 49

A reply should be filed with the directions questionnaire, which is a case management document filed after a claim is defended. The reply should be the last statement of case in a claim, and permission from the court is needed to file any statement of case after the reply.

Question 50

What are some standard paragraphs and wording that are usually included in a defence?

Answer 50

Some standard paragraphs and wording that are usually included in a defence are adopting defined terms used in the particulars of claim, admitting uncontroversial statements, denying disputed allegations with reasons, requiring proof for allegations the defendant does not know, and including a general denial at or near the end of the defence.

Question 51

What is the purpose of a reply and when should it be filed?

Answer 51

A reply is an optional statement of case served by the claimant. It alleges facts in answer to the defence that were not included in the claim. A reply should be filed with the directions questionnaire, which is a case management document filed after a claim is defended.

Question 52

What is the purpose of a statement of truth in a statement of case?

Answer 52

The purpose of a statement of truth in a statement of case is to provide authorisation by the person signing the document that they have an honest belief in the truth of the document. Signing a statement of truth without an honest belief can lead to sanctions, including a finding of contempt of court.

Question 53

What should a party do if another party’s statement of case is unclear?

Answer 53

If another party’s statement of case is unclear, a party can use the procedure provided in CPR 18 to request further information. The court can order a party to clarify any matter in dispute or give additional information in relation to such matters.

Question 54

What is default judgment and how can it be obtained?

Answer 54

Default judgment is when a claimant can obtain judgment against a defendant without trial. It can be applied for when the defendant fails to file the acknowledgment of service and/or defense on time, the claim has not been admitted by the defendant, and the defendant has not applied for summary judgment or strike out. The procedure involves filing a specified form and seeking default judgment without a hearing for money claims of a specified or non-specified sum.

Question 55

What are the conditions that the claimant must satisfy to obtain default judgment?

Answer 55

To obtain default judgment, the claimant must satisfy the following conditions: at the date on which judgment is entered, time has expired for filing an acknowledgment of service or defense, the claim has not been admitted or satisfied by the defendant, and no application for summary judgment or strike out has been made by the defendant.

Question 56

What is the difference between default judgment and strike out?

Answer 56

Default judgment is the consequence of the defendant failing to respond to a claim, while strike out focuses on a statement of case and covers cases that do not amount to a legally recognizable claim or defense.

Question 57

What is the difference between default judgment and summary judgment?

Answer 57

Default judgment is the result of the defendant failing to respond to a claim, while summary judgment covers cases that are weak on the facts and requires the court to consider the merits of the case.

Question 58

How can default judgment be obtained for money claims of a specified sum?

Answer 58

For money claims of a specified sum, the claimant may file a request for judgment on the specified form, and the application will be dealt with on paper. The court will make a judgment for the amount sought, fixed costs, and interest accrued to the date of judgment.

Question 59

How can default judgment be obtained for money claims of an unspecified sum?

Answer 59

For money claims of an unspecified sum, the claimant may file a request for judgment on the specified form, and the application will be dealt with on paper. The court will enter a judgment for a sum to be decided by the court and set a timetable leading up to a hearing at which the court will decide the sum.

Question 60

How are non-money claims for default judgment handled?

Answer 60

Non-money applications for default judgment cannot be decided on paper. Instead, the claimant must apply for a default judgment hearing, at which the court will hear from the claimant as to why default judgment should be granted and what judgment should be given. The court will then give whatever judgment it considers appropriate.

Question 61

What is the procedure for setting aside default judgment?

Answer 61

Default judgment can be set aside on an application by the defendant or by the court of its own motion. There are two types of cases for setting aside default judgment: cases where the court must set aside and cases where the court may set aside. An application to set aside judgment will usually need to be determined at a hearing, unless the claimant consents to the judgment being set aside.

Question 62

What are the conditions for the court to set aside default judgment?

Answer 62

The court must set aside default judgment if judgment was wrongly entered, such as when the time limit for acknowledging service or serving a defense has not expired, an acknowledgment of service or defense had been filed on time, summary judgment or strike out had been applied for before judgment was entered, or the defendant had satisfied the whole of the claim before judgment was entered or admitted the claim or required time to pay. The court may set aside default judgment if the defendant has a real prospect of successfully defending the claim or if there is some other good reason why judgment should be set aside or varied or the defendant should be allowed to defend.

Question 63

What is the difference between cases where the court must set aside default judgment and cases where the court may set aside?

Answer 63

Cases where the court must set aside default judgment are those where judgment was wrongly entered, while cases where the court may set aside default judgment are treated as applications for relief from sanctions. The court may exercise its discretion to set aside judgment if the defendant has a real prospect of successfully defending the claim or if there is some other good reason why judgment should be set aside or varied or the defendant should be allowed to defend.

Question 64

What factors does the court consider when setting aside default judgment?

Answer 64

When setting aside default judgment, the court considers how promptly the defendant made its application, whether the defendant has a real prospect of success in defending the claim, and whether there is some other good reason why judgment should be set aside. The court must also act in accordance with the overriding objective of dealing with the case justly.

Question 65

What is the court’s approach to setting aside default judgment?

Answer 65

An application to set aside default judgment, where the court has discretion to set aside, is an application for relief from any sanction. Therefore, the tests for relief from sanctions laid down in Denton and others v TH White Ltd and another are relevant. The court may set aside default judgment with conditions attached, such as the defendant paying the claimant’s costs of the hearing.

Question 66

Can a claimant obtain default judgment against one defendant and proceed with the claim against other defendants?

Answer 66

Yes, a claimant may obtain default judgment against one of two or more defendants and proceed with the claim against the other defendants if the claim can be dealt with separately. However, if the claim cannot be dealt with separately, such as when the success of one claim and the failure of the other go hand in hand, the court will deal with the application for default judgment against one defendant at the same time as it disposes of the claim against the other defendants, possibly at trial.

Question 67

What is the procedure for obtaining default judgment on a claim for a specified amount of money?

Answer 67

For a claim for a specified amount of money, the claimant may file a request for judgment on the specified form, and the application will be dealt with on paper. The court may include the amount of interest claimed to the date of judgment if the particulars of claim include details of the interest and the claimant’s request for judgment includes a calculation of the interest claimed to the date of the request for judgment.

Question 68

What is the procedure for obtaining default judgment on a claim for an unspecified sum of money?

Answer 68

For a claim for an unspecified sum of money, the claimant may file a request for judgment on the specified form, and the application will be dealt with on paper. The court will enter a judgment for a sum to be decided by the court and set a timetable leading up to a hearing at which the court will decide the sum.