DR - Responding to Proceedings

When does the clock start to run for D to respond to C?

once the particulars of claim have been served

- regardless of when the claim form was served

What are the three responses D can give to a claim?

- file/serve an admission

- file a defence

- file an acknowledgment of service

Can file both admission and defence if only conceding part of the claim

Why file an acknowledgment of service?

- if D is unable to file a defence within 14 days of deemed date of service of the particulars of claim

- if they wish to dispute court's jurisdiction

When must you acknowledge service?

- if D is served claim form and particulars separately, must acknowledge by 14 days after service of particulars of claim

- in any other case, 14 days after service of claim form

(can vary according to specialist court rules, but this is the general rule).

What does D have to do to acknowledge service?

- form for acknowledging service (Form N9) is sent to D in the response pack

D will confirm the following:

- name

- address

- whether they wish to defend all or some parts of the claim

- whether they plan to contest juridiction

How does acknowledging service affect the limit limit for filing a defence?

extends the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim.

What will happen following acknowledgment of service?

- court and D's solicitors will notify C of this

- D will need to ensure defence is ready for deadline

- C will need to be ready for judgement in default if the deadline expires and there is no defence filed and served.

When might a longer time period for filing a defence apply?

- if the claim form has been served in another jurisdiction

- if D makes an application disputing the court's jurisdiction, will not need to file a defence until after this

- if C applies for summary judgement, will not need to file a defence until after this

- court will give specific time period if claim form is to be served on agent of a principal who is overseas.

- if D and C agree on an extension, up to 28 days - court must be notified of this in writing

what is the 'money paid' defence?

If the defendant is served with a claim for a specified amount of money (eg a debt claim), but has already paid the claimant before receiving the claim,

What will the court do in response to a 'money paid' defence?

- will ask C to verify this

- C must respond in 28 days, and serve copy of response on D

- if C agrees, end of the case

- if C does not agree, claim will proceed as a defended claim

How does D admit a claim?

- completing, filing and serving the appropriate admission form within the response pack

- must do this within 14 days of service of the claim form

- Form N9A for a specified amount, form N9C for an unspecified amount

What will happen if a specified claim is admitted in full?

- judgment can be entered for the debt, interest, court fees and fixed costs

- can calculate this sum as there is a specified amount of money sought

- the claim will be concluded.

What will happen if a specified claim is admitted in part?

- judgment can be entered in part

- defendant must still file a defence for the unadmitted part which will continue to trial.

What happens if an unspecified claim is admitted?

- claimant will make a request for judgment, on liability only

- there will be a subsequent hearing to determine quantum.

- D may offer to pay a certain sum - if C accepts, claim will conclude on those terms

When must D admit the claim, if they wish to (in whole or in part)?

must send form to the court/claimant within 14 days of deemed date of service of the particulars of claim

For which claims can D offer a sum in satisfaction of the claim?

for specified and unspecified claims

If the conditions are met for default judgment, does C need to request judgment or does this happen automatically?

- the claimant may request judgment by filing a request in the relevant practice form

- this is not automatic

Can D request extra time to pay damages?

- D can request more time to pay on the admission forms (9A and 9C)

- can provide their financial information and reasons they cannot pay

- if C rejects this, court will determine the rate of payment

What does it mean to enter judgment against someone?

- final order that ends the claim

- D will prefer not to have a judgment against them, to avoid enforcement proceedings, and to avoid having their name on the Register of Judgements, Orders and Fine

- possible to conclude an admitted claim through a settlement, rather than entering judgment

- if claim has been admitted and paid in full by D within the time limit, unlikely that judgment will be entered

What will be included within the amount of the judgment for specified claims?

1. amount of the claim/debt

2. interest since the date of issue

3. court fees

4. fixed costs

- credit will be given for any amount already paid by D, leaving a net balance

- interest will be calculated using the daily rate in particulars of claim, from the contractual term, or as a last resort, courts have power to award simple interest on debts

How does C enter a judgment after a claim has been admitted?

- C completes request for judgment and reply to admission form within 14 days of receiving notice of admission

- form includes judgment amount, interest, court fees and fixed costs

- C files this with the court, claim is concluded

- judgment is payable by D within 14 days unless otherwise agreed

What is the golden rule for counting time?

- the day on which a period begins is never included (e.g., 14 clear days from 1st Jan will not include 1st Jan)

- if the end of the period is based on an event, the date of the event is never included (e.g., must be served at least 3 days before trial, would not include trial day)

When are weekends and bank holidays not included in the period of time to be counted?

if the specified period is 5 days or fewer, any Saturdays, Sundays, Bank Holidays, Christmas Days or Good Fridays in the time period do not count.

How does the deadline change when the court office is closed on the deadline?

if a deadline relates to something that must be done at the court office and the deadline is a day when the office is closed, the deadline is extended to the next day that the court office is open.

e.g., deadline for filing is Monday 30th, a bank holiday. Can still file on Tuesday 31st

What is the longest possible delay D can have without asking the court?

- can acknowledge service within 14 days of DDS of particulars of claim +(+14)

- this extends total deadline to 28 days (+14)

- can respond by agreeing an extension with C for a further 28 days (+28)

= 56 days without need for leave from court