Prep 2 Responding to a Claim

Options for Responding to Proceedings under CPR 9.2

• File or Serve an admission

• File a defence

• File an acknolwedgement of service

Purpose of an Acknowledgment of Service

• To allow more time to formulate a defence

• To dispute which court has jurisdiction to hear the claim

Period for acknowledging service

• Either 14 days after service of claim form; or

• 14 days after service of particulars if not served with claim form

Extension of filing a defence under CPR 15.4

If the defendant serves acknowledgement, the period for serving the defence is extended to 28 days after the deemed service of the particulars

Extending time to serve defence between parties under CPR 15.5

The parties can agree an extension of a further 28 days, taking the final total to 56 days

Response of ‘Money Paid’

A defendant may respond to the claim stating that the debt has already been paid and the court will liaise with the claimant to determine the course of action

When to admit the claim

When the defendant does not wish to dispute the claim or has been advised that they have no defence

When to admit the claim

Within 14 day of deemed service of the particulars of claim

Admitting specific claims

Claimant may admit the while claim for a specified amount of money (CPR 14.4) or only part of the claim (CPR 14.5)

Admitting the whole of a specified clam

If the whole of a specified claim is admitted, the exact amount due can be calculated immediately

Admitting part of a specific claim

The defendant will state the amount of the claim that is admitted, and the balance will remain in dispute

Admitting unspecified claims

Only judgment on liability can be give. This disposes of liability only and there will be a subsequent hearing and judgment determining quantum

Requesting time to pay under CPR 14.9(1)

The defendant may request to pay by a certain date or by instalments

Financial awards in the Claim

• Amount of claim or debt, including interest, to the date of issue of the claim

• Interest since the date of issue, using the daily rate from the particulars of claim

• Court fees

• Fixed costs

s35A Senior Courts Act 1981/ s69 County Courts Act 1984

Provide the court with the power to award simple interest on what is due where, for example, there is no provision such as a contractual term allowing for interest to run

Rules for Counting Time

• Day on which the period begins is not included in the period (day zero)

• End of period defined by reference to an event does not include said event

• Weekends and holidays do not count in period

• If the deadline is on a day where the court office is closed, it will extend to the next day it is open

Purpose of Defence

• Reach to every point or allegation in the claimant’s particulars

• State full details of the defendant’s own case

Three potential responses to an allegation under CPR 16.5(1)

• Admit the allegation

• Deny the allegation

• Require proof of the allegation

Requiring proof an an allegation

Can only be done where the defendant has no direct knowledge of the allegation and is therefore unable to admit or deny the allegation

Failure to deal with an allegation

Will be deemed as admitting the allegation unless in a money claim where the defendant must specifically admit to the claim

Limitation Defence under 16 PD 13.1

Defendant may raise this defence and must state the date on which the limitation period is deemed to have expired

Reply under CPR 15.8

An optional statement the claimant can serve to allege facts in response to the defence which were not inclided in the claim

Filing a Reply under 15 PD 3.2A

At least 14 days after the claim is defended

Default Judgment under CPR 12.1

Can be applied for by the claimant where the defendant has neither acknowledged or defendant the claim

Difference between Striking Out and Default Judgment

Striking out relates to a Statement of Case and default judgment to the whole claim

Summary Judgment

Covers cases which are weak on fact so they do not need to go to trial

Where courts must set aside default judgment under CPR 13.2

• Time limit has not expired

• Acknowledgment/ Defence was filed on time

• Summary judgment/ strike out had been applied for before judgment was entered

• Defendant had in fact satisfied the whole claim before judgment was entered

Cases where the court may set aside judgment under CPR 13.3

• The defendant has a real prospect of success

• It appears to the court that there is some other good reason for setting aside judgment