Procedural points at Responding to a Claim

What CPR governs admissions?

CPR 14 & PD 14.

What happens if a defendant admits the whole claim?

Judgment is entered and the defendant pays; enforcement available if needed.

What happens if a defendant admits part of the claim?

Only the disputed part proceeds to be resolved in court.

Can a defendant ask for time to pay when admitting?

Yes – CPR 14 allows request for instalments or time to pay.

What happens if neither party takes steps after service of proceedings?

Under CPR 15.11, the claim is automatically stayed after 6 months.

Can a stay under CPR 15.11 be lifted?

Yes, on application by either party, but they must explain the delay.

What is CPR Part 8 procedure?

An alternative to Part 7 for cases with no substantial dispute of fact (e.g. costs only, declarations of law/contract construction).

What is different about Part 8 procedure compared to Part 7?

No requirement for particulars of claim, defence, or replies; case usually determined on written evidence.

What power does CPR 16.8 give the court?

The court can dispense with statements of case other than the claim form if they are unnecessary.

When can the court dispense with statements of case?

Once the claim form has been issued and served, usually where facts are not in dispute.

What is Money Claim Online (MCOL)?

A simplified procedure under 7C PD for claims of £100,000 or less (excluding interest/costs) where all parties are within England & Wales.

How can a defendant respond to a Money Claim Online?

By filing an acknowledgment of service or defence online/by email.

How can a claimant obtain judgment in MCOL?

By submitting an online request form (default judgment or admission judgment).

What happens if a MCOL claim is defended?

It is usually transferred to the local County Court hearing centre after directions questionnaires.

Are MCOL time limits the same as Part 7?

No – they are different; must check 7C PD.