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Dispute Resolution > Workshop 2: Responding to a Claim > Flashcards

Workshop 2: Responding to a Claim Flashcards

**Topic** - Responding to proceedings - Acknowledging service and defending the claim - Admitting the claim - Counting time - Procedural points at the time of responding to the claim

1
Q

What are the three options a defendant has when they have been served proceedings by a claimant?

A
  1. File or serve an admission
  2. File a defence
  3. File an acknowledge of service
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2
Q

What is the consequence of failing to respond to proceedings on time?

A

Default judgement, which the claimant can apply for

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3
Q

Can a respondent sevre both an admission and defence?

A

Yes, if they only admit to parts of the claim

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4
Q

When may a defendant with to file an acknowledgment of service?

A
  • If they wish to dispute the court has the jurisdiction to hear the claim
  • If they are unable to file the defence in time and they need longer than 14 days to serve a defence from deemed date of service
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5
Q

What are the available time frames for filing an acknowledgement of service?

A
  • 14 days after service of claim form
  • If the claim form says the particulars of claim form is to follow, 14 days after being served the particulars of claim
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6
Q

What is the name of the form for acknowledging service?

A

Form N9

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7
Q

What is the time frame of filing a defence if the defendant does not file an acknowledgement of service?

A

Within 14 days of deemed date of service of particulars of claim

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8
Q

What is the time frame of filing a defence if the defendant files an acknowledge of service indicating an intention to defend the claim?

A

Within 14 days of deemed date of service of particulars of claim

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9
Q

What is the period whereby a defence, following the service of an acknowledgement of service, is extended by?

A

Within 28 days of the deemed date of service of the particulars of claim

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10
Q

What steps do the court and the defendant’s solicitors take following the defendant’s acknowledgment of service?

A

The court notifies the claimant in writing that it has been done

The defendant’s solicitors will often notify the claimant or their solicitor too

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11
Q

What should the defendant and claimant get ready to do following the diarising of the filing and service of the defence after the acknowledgment of service?

A

Defendant - ensure defence is ready and filed by deadline, or take further action to extend deadline if necessary

Claimant - get ready to apply for judgement in default if deadline expires and no defence is filed and served

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12
Q

What is required when something needs to be ‘filed’ and ‘served’?

A

Filed - at court

Served - on all parties

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13
Q

What circumstances may give rise to a longer period for filing a defence?

A
  • Claim form has been served out of the jurisdiction
  • Application has been made disputing the court’s jurisdiction
  • Claimant applies for summary judgement
  • Court makes an order for service of a claim form on an agent of principal overseas
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14
Q

When can a defendant have a maximum of 56 days from the deemed date of service of the particulars of claim to file the defence without having to apply to court for permission to extend time for service?

A

When the defendant and claiminst agree an extension of time for service defence of a further 28 days following the acknowledgement service extension

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15
Q

What must happen if an extension of time for defence preparation is agreed?

A

The court must be notified in writing

No application needed

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16
Q

What must the defendant do if they wish to have an extension past the maximum 56 days?

A

They will need to apply to the court for the grant of a longer extension

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17
Q

What must the defendant do if the claimant refuses to agree for an extension of defence preparation of a further 28 days?

A

They must apply to the court for an order allowing an extension of time

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18
Q

What will the court consider when deciding to grant the defendant an extension of time for filing and serving a defence?

A
  • That the overriding objective is furthered
  • Need and impact of extra time on conduct of the claim
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19
Q

How must a defendant respond to a served debt claim that they have already paid the claimant for before receiving the claim?

A

They will respond with a defence stating that the debt has been paid

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20
Q

What two options are available to the claimant if a defendant claims a debt claim has been paid?

A
  1. Ends the case
  2. Continues if they wish to cover interests and costs/disagree the debt has been paid
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21
Q

How long after the claimant’s receipt of the court’s notice of a debt claim must they respond?

What happens if this time limit is not adhered to

A

Within 28 days

If not, the claim is stayed

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22
Q

When must an acknowledgement for service be filed and served after having been served the claim form with the particulars of claim form?

A

14 days for deemed date of service of claim form

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23
Q

What could the defendant’s response to a claim be if they do not wish to dispute it or has been advised by their solicitor that they have no defence to the claim?

A

Respond to particulars of claim by admitting either whole or part of the claim

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24
Q

How does one know how much that needs to be paid in a claim for a specific sum?

A

It is already known

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25
Q

What’s the name of the form for a claim or a specified amount?

A

Form 9A

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26
Q

What is the name of the form for a claim of an unspecified amount, non-money or return of goods?

A

Form N9C

27
Q

How long after does the defendant wishing to admit a claim in part or wholly have to complete the relevant admission form and sent to the court/claimant?

A

14 days of the DDS of the particulars of claim

28
Q

When can the defendant send their complete form to the claimant directly?

A

If admitting a specified claim in full

29
Q

When can the exact amount due in a whole specified claim be calculated and what does it include?

A

Immediately

Includes:
- Debt
- Court fees
- Interest
- Fixed cots

30
Q

What happens after a defendant admits part of a specified claim in part?

A

There is a judgement in part and a defence in part

30
Q

What happens at the stage of ‘judgement’ in [art after a defendant admits part of the specified claim?

A

The fees of the admitted part of debt and interest on top of that is calculated [and paid]

31
Q

What happens to the disputed part of debt when the defendant admits only part of a specified claim?

A

They file a defence to the unadmitted balance

32
Q

What happens when a defendant admits the whole of an unspecified claim?

A

Judgement on liability can be given

33
Q

TRUE OR FALSE

After a defendant admits the whole of an unspecified claim, only the liability is disposed of. Following this, there will be a subsequent hearing and judgement determining quantum

A

True

34
Q

Can a defendant make a request for time to pay if they admit to a specified amount of money, whether a whole or part of a specified claim or offer to pay amount in satisfaction of unspecified claim?

A

Yes

35
Q

Where can the defendant make a request for time to pay the admitted part of the specified or unspecified claim?

A

On the Form 9A or 9C

36
Q

What happens if the claimant refused the defendant’s proposal for payment?

A

The court will determine the rate of payment, considering the defendant’s provision of information and claimants already-raised objections

37
Q

What can the claimant do once being notified that the defendant has made an admisison?

A

‘Enter judgement’ against the judgement

38
Q

What is a’judgement’ once entered?

A

A ‘final order’ which disposes of the cliam

39
Q

What are the potential effects of a ‘judgement’ against the defendant following their admission?

A

Most judgements will be placed on Register of Judgements, Orders and Fines - which is a public searchable register for 6 years

This may impact an individual’s credit rating

40
Q

What do ‘judgements’ against defendants usually indicate about the claimant?

A

That they are the successful party, this is why they prefer it

41
Q

What is the lighter alternative of conclludig on an admitted claim?

A
  • By way of settlement
  • Claimant agreeing to withdraw the claim
42
Q

What is unlikely to happen if a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim?

A

Unlikely that a judgement will also be entered

43
Q

What do judgements comprise of in specified claims?

A
  • Amount of claim/debt including interest to the date of issue of claim
  • Interest since date of issue
  • Court fees
  • Fixed costs
  • Credit will be shown for anything paid by defendant, leaving a net balance
44
Q

What do judgements comprise of in unspecified claims?

A

Will be on liability only - no record of damages

Judgement is handed down from judge after the subsequent hearing which includes
- Amount due, including interest
- Provision for costs

45
Q

What is heard at the subsequent hearing following a defendant’s admission to an unspecified claim?

A

Evidence on the issue of quantum

46
Q

Who files paperwork to be processed by court staff when entering judgement following a claim being admitted?

A

Claimant

47
Q

What is the time period whereby the claimant needs to complete a request form for judgement and respond to admission form?

A

Within 14 days of receiving notice of the admission

48
Q

What is the time period that the amount payable on the judgement is payable by the defendant?

A

Within 14 days, unless otherwise stated

49
Q

How can the claimant ensure that they secure payment of outstanding sums following the ‘entered judgment’?

A

They can enforce proceedings against the defendant

50
Q

When do you start ‘counting’ from when a period [of deadline] begins?

A

On the following day

Label the day that a period begins ‘day zero’, ‘day one’ is then the following day

51
Q

Do you include the day on which the event being referenced to when counted?

E.g., a hearing

A

No

52
Q

What days do not count within a specified period of 5 days or less?

A
  • Saturdays
  • Sundays
  • Bank Holidays
  • Christmas Days
  • Good Fridays
53
Q

What special rule applies when counting time and considering deadlines on days the court office is closed?

A

If the act is done on the next day that the court office is open, the act is treated as if it’s been done on time

54
Q

What can the claimant do if the defendant does not respond within the necessary time limits following the issue and service of a claim?

A

Take steps to request an early judgement against the defendant - to bring claim to a conclusion

55
Q

What happens in the veent that niether party does anything after the issue and service of claim?

i.e.g, defendant fails to respond and claimant takes no action to enter judgement

A

CPR 15.11 imposes an automatic stay after six months

56
Q

Can a stay on a claim be lifted?

A

Yes - any party can apply for this

57
Q

What types of claims does a ‘Part 8 Procedure’ apply to?

A

Claims where there is unlikely to be a substantial dispute of fact

58
Q

How are Part 8 Procedures often heard and disposed of?

A

Written evidence

59
Q

What are some examples of a Part 8 Procedure?

A
  • Issue is costs between parties
  • Claims where parties seek only a declaration on point of law/construction of contract
60
Q

Do Part 8 Procedure claims required the filing of particulars of claims, defences or replies?

A

No

61
Q

When can the online money claims be used for commencing a money claim?

A

Only possible if claim is for less than £100k, excluding interest or cost

62
Q

Can the same procedure rules used in Part7 claims be used for money claims online?

A

No

63
Q

Which statements of case can the court dispense with?

A

All other statements other than the claim form

Dispute Resolution (5 decks)

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