4. Responding to a Claim Flashcards
(28 cards)
When must acknowledgement of service be filed?
14 days of Particualrs of Claim
When must defence be filed?
within14 days of Particulars of Claim or within 28 days if acknowledgement of service also filed
Once defence recieves N1+ POC, options available?
- Admit
- Acknowledgement of Service
- Defence
- Do nothing
Once defence recieves N1+ POC when must they do something by ?
14 days
How much extension can you get to file defence ?
28 days extension from AOS - agreemeent of parties
Any more - court permission
Condition to file default judgement?
- particulars of claim served on D
- D not filed acknowledgement of service/defence within time limit
Grounds to set aside default judgement?
- Mandatory: entered judgment too early/claim has been paid
- Discretionary:
* defendant has real prospect of successfully defending claim OR
* some other good reason why D couldnt file on time
Discretionary ground to set aside default judgement?
Defendant has reasonable prospetc of sucessfully defending the claim
or
Some other good reason why defendant should be allowed to defend claim e.g. ill/on holiday + promptly apply to set aside
Outcome of setting aside default judgement
a. D wins + continue defend claim
b. C wins + enforce money
c. conditional order by D paying money owed to court
Costs order for granting default judgement on mandatory ground
Granted on mandatory ground - C pay D’s costs for entering judgement too early
Costs order for granting default judgement on Discretionary Ground - good reason
neither at fault
Costs order for granting default judgement on Discretionary Ground - real prospect of defending
D pays C’s costs
Discontinuance?
`
Withdraw claim even though no settlement reached
- not enough money OR
- not likely to win
Process of discontinuance?
Give notice to all parties+ consent from others + give copy of consent from other claimants
Effect of discontinuance?
Proceedings end + pay D’s costs
Effect of consent order?
- both parties agree to settle + record agreed terms
- if terms broken - go to court to enforce
Tomlin order?
Consent order is open for public inspection, Tomlin order = confidential
Dispute jurisdiction of court?
State on acknowledgement of service + 14 days to challenge + state why Englabd & Wales is not proper forum
DO NOT FILE A DEFENCE
Grant application to dispute jurisdiction effect?
Claim form set aside
Reject application to dispute jurisdiction?
OG Acknowledgement of service is invalid + another 14 days to file another A.O.S
Deemed service of claim form?
2nd business day after step required
Shouldy you file a defence if disputing court jurisdiction?
No - treated as accepting jurisdiction = only file acknowledgement of service
Key provisions to include in defence.
- The Defendant adopts defintions used in the POC
- Normally admit duty is owed
- Defendnat cannot admit or deny para 7, the Claimant is reuqired to prove the matter
- In these circumstacnes the Claimant is not entitled to the relief sough or any relief.
Paty 18 request for further information, what should matters be confined to?
reasonable nessecary and proportionate to prepare his case or understanding other partie’s case
