Responding to a Civil Claim: Civil Procedure Rules

This set of vocabulary flashcards covers the key procedures, time limits, and legal terms associated with responding to a civil claim under the Civil Procedure Rules (CPR), including default judgments, settlements, and discontinuance.

Admission (Part 14)

A formal response where a defendant admits the whole or part of a claim to bring the matter to an early conclusion and limit their liability for costs.

Acknowledgment of Service (Part 10)

A procedure that allows a defendant to buy time to gather evidence; it extends the deadline for filing a defence from $14$ days to $28$ days from the deemed service of the particulars of claim.

The Defence (Part 15)

A formal document responding to the particulars of claim that must be filed within $14$ days of service or $28$ days if an acknowledgment of service is filed.

Counterclaim

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

Clear days

A method of calculating time under CPR Part 2 where the day on which the period begins is excluded, as well as weekends and bank holidays.

Default Judgment (CPR Part 12)

A judgment obtained by the claimant without a trial when the defendant fails to file an acknowledgment of service or a defence within the relevant time period.

Disposal hearing

A court hearing used to assess the amount of damages payable when the claimant has entered default judgment for an unspecified sum.

Mandatory grounds to set aside (r 13.2)

Circumstances where the court is obliged to set aside a default judgment because it was wrongly entered, such as when it was entered too early or the claim was already paid.

Discretionary grounds to set aside (r 13.3)

Circumstances where a court may set aside a default judgment if the defendant has a real prospect of success or there is some other good reason (such as illness) for the failure to respond.

Costs in the case

A usual costs order for setting aside a default judgment on the discretionary ground of 'good reason' where neither side is specifically at fault.

Discontinuance (r 38.2)

A process where a claimant stops pursuing all or part of a claim, which usually makes them liable for the costs of the proceedings.

Consent Order

A formal court order or judgment recording agreed settlement terms that is open to public inspection and can only include terms within the power of the court to order.

Tomlin Order

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

Liberty to Apply

A provision in a Tomlin order allowing any party to apply to the court to lift the stay and enforce the settlement terms if another party defaults.

Disputing the court’s jurisdiction

A process where a defendant indicates intent on the acknowledgment of service and makes an application within $14$ days to argue that England and Wales is not the proper forum.

Time limit for Service within jurisdiction

A claim form issued within the jurisdiction must be served no later than $4$ months after the date of issue.

Rule 15.5(1) Extension

An agreement between parties to extend the deadline for filing a defence by a maximum of $28$ days without requiring court approval.