Responding to a claim

What are the four main elements of “responding to a claim”?

(1) Acknowledging service and defending the claim
(2) Admitting the claim
(3) Counting time
(4) Default judgment

Who starts a claim and how?

The claimant issues proceedings at court, which are then served on the defendant by the court or the claimant.

Once served with particulars of claim, what three options does the defendant have?

• Admit the claim (if no defence/wishes not to defend).

• Defend the claim (if a defence exists).

• File an acknowledgment of service (for more time to file a defence or to dispute jurisdiction)

Can a defendant admit part of a claim and defend the rest?

Yes, a defendant can file both an admission and a defence.

Why are there deadlines for responding to proceedings?

To ensure litigation progresses and does not stagnate.

What happens if a party misses a deadline set by the CPR, PDs, or court orders?

The defaulting party risks sanctions.

What is “counting time” in litigation?

Calculating the precise time limits for a factual scenario; an essential skill throughout litigation, not just when responding to proceedings.

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

The claimant can request or apply for default judgment (automatic judgment in their favour without the merits being considered)

Can a defendant challenge a default judgment?

Yes, by applying to set aside the judgment to get a second chance to defend.

Why is responding to a claim a critical stage of litigation?

Because missing deadlines can lead to losing the case automatically through default judgment.

What is an acknowledgment of service?

A form (N9) the defendant files within 14 days of service to confirm receipt of the claim, give an address for service, and state if they intend to defend or contest jurisdiction. It also extends the defence deadline to 28 days after service of particulars.

What are the three main responses a defendant can take after being served?

(1) File/serve an admission (CPR 14), (2) File a defence (CPR 15), (3) File an acknowledgment of service (CPR 10).

When should a defendant acknowledge service?

If unable to file a defence within 14 days or if disputing the court’s jurisdiction.

What form is used to acknowledge service?

Form N9 (provided in the response pack).

What information does the acknowledgment of service form include?

Confirmation of correct name, address for service, and whether the defendant will defend all/part or contest jurisdiction.

What is the time limit for filing acknowledgment of service?

14 days of service of particulars (if served later than claim form) or service of claim form (if particulars are included)

Does filing acknowledgment of service delay the case?

No, the defence can still be filed earlier, acknowledgement just extends the deadline

What is the defence deadline without acknowledgment of service?

14 days from deemed service of particulars of claim

What is the defence deadline with acknowledgment of service?

28 days from deemed service of particulars of claim.

What longer time limits apply to filing a defence?

• Out of jurisdiction service (longer periods: CPR 6.35/36).

• Disputing jurisdiction (no defence until after hearing).

• If claimant applies for summary judgment (no defence until after hearing: CPR 24.4(2)).

• Claim form served on agent overseas (court specifies period: CPR 6.12).

can the parties agree to extend the defence deadline?

Yes, up to 28 extra days by agreement (CPR 15.5) making up to 56 days in total from deemed service of particulars

what happens if the defendant needs more than 28 extra days for defence?

They must apply to the court for an extension

What factors will the court consider when granting an extension of time?

The overriding objective, reasons for delay, and impact on case progress

What is the procedure if a defendant has already paid a specified money claim?

Defence states the debt is paid (CPR 15.10). The court asks the claimant to confirm within 28 days

If the claimant does not respond

case is stayed

if the claimant withdraws

case ends

if claimant disputes

case continues as a defended claim