SQE1 Civil Litigation: Responding to a Claim

Vocabulary and procedural rules for responding to a claim under the Civil Procedure Rules (CPR), following the SQE1 syllabus.

Response Pack (Form N9)

A document served on the defendant alongside the claim form and particulars of claim, containing information on how to respond and the relevant time limits.

Admission (Part 14)

A formal response where a defendant acknowledges owing money, typically completed to bring a matter to an early conclusion and limit liability for costs.

Acknowledgment of Service (Part 10)

A procedural step that allows a defendant to buy more time (extending the deadline to 28 days from service of particulars) to gather evidence before filing a full defence.

Defence (Part 15)

A document where the defendant responds to the proceedings, which must be filed within 14 days of service of particulars (or 28 days if an acknowledgment of service was filed).

Judgment in Default (Default Judgment)

A judgment obtained by a claimant under CPR Part 12 without a trial, available if the defendant fails to file an acknowledgment of service or a defence within the time limit.

Specified Claim

A claim for a fixed amount of money, such as a debt, where default judgment is entered for a final sum plus interest.

Unspecified Claim

A claim for damages where the amount has not been fixed; default judgment results in a disposal hearing for the court to assess the damages.

Clear Days

A method of calculating time under CPR Part 2 where the day the period begins is excluded, along with weekends and bank holidays. If the period ends with an event, the day of the event is also excluded.

Counterclaim

A claim brought by the defendant against the claimant as part of their response to the original proceedings.

Rule 15.5(1) Extension

A provision allowing parties to agree to extend the deadline for filing a defence by a maximum of 28 days without requiring court approval.

Mandatory Ground for Setting Aside

Under r 13.2, the court must set aside a default judgment if it was wrongly entered (e.g., entered too early or the claim was already paid in full).

Discretionary Ground for Setting Aside

Under r 13.3, the court may set aside a default judgment if the defendant has a real prospect of success or another good reason, taking into account the promptness of the application.

Denton v TH White Ltd [2014] EWCA Civ 906

A key case establishing three factors the court considers when determining whether to set aside a default judgment.

Form N244

The application notice used to apply to the court to set aside a default judgment, usually supported by a witness statement.

Discontinuance (r 38.2)

The process by which a claimant chooses not to pursue all or part of a claim, resulting in the claimant being liable for the defendant's costs.

Form N279

The notice of discontinuance that must be filed and served to bring proceedings to an end against a defendant.

Consent Order

A court order or judgment recording a settlement between parties, drawn up in agreed terms, expressed as 'By Consent', and signed by legal representatives.

Tomlin Order

A special type of consent order that stays a claim on agreed terms set out in a schedule or separate document, allowing for confidentiality and terms beyond the court's power.

Liberty to Apply

A provision in a Tomlin order allowing any party to apply to the court to lift the stay and enforce settlement terms without starting new proceedings.

Disputing Jurisdiction

A procedure where a defendant challenges the court's authority to hear the case by indicating intent on the acknowledgment of service and applying within 14 days.

Daily Rate of Interest Formula

$$\frac{\text{Principal} \times \text{Interest Rate}}{365} = \text{Daily Rate}$$