WS 2 Flashcards
What does admitting a claim involve for a defendant?
Conducting case analysis and advising on chances of succeeding in defending the action.
Which Civil Procedure Rules (CPR) govern admissions of claims?
- CPR 14
- 14 PD
What can a defendant do if they do not wish to dispute a claim?
Admit either the whole or part of the claim.
What is the form used by a defendant to admit a claim for a specified amount?
Form N9A
What is the form used by a defendant to admit a claim for an unspecified amount?
Form N9C
What is the timeframe for a defendant to admit a claim after service of particulars?
14 days
What happens if a claim for a specified sum is admitted?
The amount to be paid is known, and interest can be calculated.
What does the defendant indicate on Form N9A?
Whether the whole or only part of the claim is admitted.
What rights does the claimant have if the whole claim for a specified amount is admitted?
The right to enter judgment against the defendant for the admitted sum including interest.
What must a defendant do if they admit only part of a specified claim?
File a defence for the unadmitted balance of the claim.
What does admitting an unspecified claim involve?
Admitting liability or offering a sum in satisfaction of the claim.
What happens if the whole of an unspecified claim is admitted?
Judgment on liability can be given, but quantum will still need to be decided.
What is a request for time to pay?
A proposal by the defendant to pay by a certain date or in instalments.
What happens if a claimant does not accept the defendant’s payment proposals?
The court will determine the rate of payment.
What is a judgment in the context of an admitted claim?
A final order that disposes of the claim.
What are the consequences of a judgment for defendants?
Avoidance of enforcement proceedings and impact on credit rating.
What does the judgment amount for specified claims include?
- Amount of the claim/debt
- Interest to the date of issue
- Court fees
- Fixed costs
What is the process for entering judgment following an admission?
The claimant files the correct paperwork; no judicial involvement.
What must a claimant do within 14 days of receiving notice of the admission?
Complete a request for judgment and reply to admission form.
What happens once judgment is entered following the admission?
The claim is effectively concluded.
What is the typical judgment payment timeline for a defendant?
Payable within 14 days unless otherwise agreed.
What is the role of Section 35A Senior Courts Act 1981?
It provides the court with the power to award simple interest on debts.
What does the claimant prefer regarding judgment?
To have a judgment entered indicating they are the successful party.
What can serve as an alternative to entering judgment?
Settlement using a Tomlin Order or withdrawing the claim.
