DR 5 - Responding to proceedings

Question 1

What steps could a defendant take in response to a claim?

Answer 1

• File an acknowledgement of service (CPR 10) 👀
• File or serve an admission (CPR 14) 😢
• File a defence (CPR 15) 🤺

Question 2

What are the time limits for acknowledging service?

Answer 2

• where the claim form states that particulars are to follow, then 14 days after service of the particulars of claim
• in any other case, 14 clear days after service of claim form

Question 3

What is included in an acknowledgement

Answer 3

• confirm name is correctly stated 🍸
• give address for service of documents 💌
• Indicate whether they intend to defend all or part of the claim, or 🤺
• whether they intend to contest that the court has jurisdiction 🌍

Question 4

Is the date for filing the defence based on the service of the claim form, or the service of the particulars of claim?

Answer 4

Deemed Date of Service of the particulars of claim?

Question 5

How long is the extension provided by an acknowledgement?

Answer 5

• if no acknowledgement filed, deadline for filing defence is 14 clear days from the deemed date of the service of the PARTICULARS OF CLAIM.
• acknowledgement extends deadline to 28 days after the deemed date of service of the PARTICULARS OF CLAIM

Question 6

How can the defence be delayed and for how long?

Answer 6

• the defendant and claimant can agree a further extension of up to 28 days (56 clear days in total from the deemed date of service of particulars). Court must be notified in writing of this.
• if other side disagrees can apply to court

Question 7

Who must a defence be filed on?

Answer 7

defence must be filed at court and filed on all parties.

Question 8

When might a longer period for filing a defence apply?

Answer 8

• where the claim is filed outside of the jurisdiction
• Where an application is made disputing the court’s jurisdiction (in which case a defence need not be made until after the hearing of that application)
• Where a cliamant applies for a summary judgement before the defence is filed (in which case a defence need not be made until after the hearing of that application)
• where the court makes an order for service of a claim form on an agent of a principle who is overseas (in which case the court will specify the period).

Question 9

What if a further extension is required after the 56 days max or the defence refuses an extension and what will be considered?

Answer 9

• defendant will need to apply to the court. The court will consider the reasons for the extension and the impact on the conduct of the claim

Question 10

What if the claim is for money which has already been paid?

Answer 10

• court asks claimant whether this is correct? 👍
• claimant must respond in 28 clear days (claim is stayed if they do not do so) providing a copy to the defendant.
• if claimant does not wish to continue, that is the end.
• if claimant wishes to continue the claim will proceed as a defended claim.

Question 11

What is the deadline if the defendant wishes to admit the specified claim?

Answer 11

• 14 clear days of deemed service of the particulars of claim
• They will note whether they are admitting the whole claim, or part of the claim
• Where the claim is for a specified sum, the claimant can enter judgement against the defendant for admitted sum unless they are a child or protected person.

Question 12

What happens if the defendant only admits part of the claim?

Answer 12

• state the amount admitted 💵
• balance remains in dispute
• defendant will need to file a defence for that part in dispute. 🤺

Question 13

What if the claimant wants to admit a claim for an unspecified claim?

Answer 13

• accept liability and offer a sum in satisfaction. Claimant can enter judgement against the defendant for any amount offered in satisfaction (unless a child or protected party)
  OR
• admit liability to the whole claim for an unspecified sum and the claimant will request the court to enter a judgement with an amount (including costs) to be decided later

Question 14

What costs are included in a jugement?

Answer 14

• amount of claim
• interest since the date of issue
• court fees
• fixed costs

Question 15

When is a judgement payable by the defendant?

Answer 15

14 clear days

Question 16

What if the defendant asks for time to pay and the claimant rejects?

Answer 16

The court will decide the rate of payment of the outstanding amount

Question 17

If the end of a period is defined by an event, is the day of that event included in the time limits?

Answer 17

No. e.g. 3 clear days before a hearing would not include the day of the hearing nor the 3rd day (so its 5 days in total).

But note, ‘14 clear days’ would end on the 14th day.

Question 18

Where the period is 5 days or less, which days do not count when counting time?

Answer 18

Saturdays, Sundays, Bank Holidays, Christmas Day, Good Friday

Question 19

What if the court office is closed on the day?

Answer 19

Where a deadline requires the court office and applying the normal rules results in a day when the court office is closed, then the relevant day is treated as the next day on which the court office is open.

Question 20

Are ‘bare denials’ acceptable?

Answer 20

No - if a defendant denies an allegation they must give a reason

Question 21

What are the options for a defence?

Answer 21

• admit 😥
• deny🤺
• require proof 📃📑

Question 22

What happens if you don’t address every allegation

Answer 22

• the defendant will be deemed to admit the allegation,
• unless a money claim when it will always be understood that the claim is not admitted unless specifically admitted.

Question 23

What must be included:
- Limitation used as a defence
- Disputes the amount involved
- personal injury claims

Answer 23

limitation - must provide date on which limitation expired.

Value - must state why they dispute it.

Personal Injury - agreed, disputes or has knowledge of the matters in the schedule of past and future expenses and losses, and any medical report included in the particulars, giving reasons and its own counter schedule and (if relied upon) medical evidence

Question 24

• Set-off
• Other defences
• Counterclaims

Answer 24

Set-off must be stated in the defence

Other defences must be set out

Defence and Counterclaim should normally form one document with CC after the defence.

Question 25

What is a ‘reply’?

Answer 25

A reply is an optional statement of case served by the claimant. It’s purpose is to allege facts in answer to the defence which were not included in the claim.

Question 26

What must the claimant show to get a default judgement?

Answer 26

• time limit has expired for filing an acknowledgement of service or defence,
• the claim has not been admitted or satisfied by the defendant.
• No application for summary judgement or strike out has been made by the defendant.

Question 27

What is a strike out?

Answer 27

Strike out covers cases which do not amount to a legally recognisable claim or defence.

Question 28

What is a default judgement?

Answer 28

Cases where the defendant has failed to respond to the claim.

Question 29

What is a summary judgement?

Answer 29

A judgement where a case is weak on facts

Question 30

How do you obtain a default judgement for money claims with specified and unspecified sums?

Answer 30

Specified sum - Claimant files a request for judgement. The court will make a judgement for the amount sought, fixed costs and interest accrued to date of judgement.

Unspecified sum - Claimant files a request for judgement. The court will enter judgement for a sum to be decided at a later hearing.

Can be dealt with on paper.

Question 31

How do you obtain a default judgement for non-money claims?

Answer 31

Claimant must apply for a default judgement hearing to be listed at court.

Question 32

When can interest on a specified amount of money be included on a default judgement?

Answer 32

• claim included details of the interest.
• statutory interest is claimed, it is no higher than the rate for judgement debts at the time the claim form was issued.
• request for judgement includes the calculation of interest claimed to the date of judgement.

In any other case, the interest will be decided by the court.

Question 33

Who can ask for a default judgement be set aside and how is it decided?

Answer 33

• On application by the defendant or by the court of its own motion. The purpose if to avoid injustice.
• Normally decided at a hearing unless the claimant agrees to the set aside.

Question 34

When MUST the court set aside?

Answer 34

If judgement is entered wrongly:
- date for acknowledgement defence not passed 📆
- summary judgement or strike out had been applied for 👨‍⚖️

Question 35

When may the court set a default judgment aside?

Answer 35

If the judgement was correctly entered &
- the defendant has a REAL PROSPECT of successfully defending the claim; ⚖️
OR
- the court thinks there is another good reason. 🥳
(the court will consider delay.⏱️)

Question 36

What is a summary judgement?

Answer 36

A summary judgement covers cases which are weak on the facts, so the court will consider the merits of the case.

Question 37

What are the grounds for appealing a Summary Judgement?

Answer 37

if hearing finds a chance slightly more than fanciful, court likely to result in a conditional order requiring D set out its case properly within 14 days

Question 38

When is the earlier that the D need to respond?

Answer 38

After the PoC has been served (until then, can do nothing)

Question 39

If admitting a claim, when does the D need to send the relevant admission form?

Answer 39

Within 14 days of DDOS of PoC

Question 40

If a specified amount is admitted in part, what does the D need to do in responding?

Answer 40

State amount they admit to
File defence for unadmitted amount

Question 41

If an unspecified amount is admitted to, what does the D need to do in responding?

Answer 41

Can admit to pay whole sum or offer sum in satisfaction
Quantum must be decided

Question 42

Where a D admits to a specified amount, what can they request?

Answer 42

A request for time to pay

Question 43

What is a ‘judgement’?

Answer 43

Final order disposing of the claim
It’s an option for the C, not mandatory
It’s payable within 14 days

Question 44

Where a D wants to defend a claim, when must the defence be filed and served on all parties?

Answer 44

Either:
- Within 14 days of PoC
- Within 28 days of PoC as they filed an AoS first

Question 45

When does a D not need to file a defence?

Answer 45

If C has already filed for summary judgement before defence has been submitted

Question 46

For how long can a D and C agree an extension of time for serving a defence? If they want longer, what should they do?

Answer 46

Up to 28 days (total 56 days)
Must apply to court if longer

Question 47

Where D served with claim for a specified amount but they have already paid C, what can they do?

Answer 47

Respond with defence saying ‘money paid’
Court notifies C and C has to reply within 28 days

Question 48

When must a D file an acknowledgement of service?

Answer 48

Within 14 days of PoC

Question 49

When should an AoS be filed?

Answer 49

If D unable to file defence within 14 days or want to dispute court jurisdiction

Question 50

What are the consequences for the D for not responding to the claim form in time?

Answer 50

C can apply for judgement in default

Question 51

What is the procedure for disputing jurisdiction?

Answer 51

1. D files AoS
2. D applies within 14 days after filing AoS, disputing jurisdiction, supported by evidence

Question 52

What is the difference between strike out, summary judgement and default judgement?

Answer 52

Strike Out: focuses on statements of case
Summary Judgement: cases which are weak in facts - court considers merits
Default Judgement: is procedural - doesn’t look at contents or merits of the case

Question 53

What is a ‘Relief from Sanction’?

Answer 53

Application used to set aside a default judgement