Admission Flashcards
(6 cards)
what must D do once served with the POC and within what time?
within 14 days of deemed service of the POC, D should:
* file an admission
* file a defence
* file an AoS
how does D admit the claim?
by completing the admission form (for either a specified or unspecified claim) within the response pack
what is the process where D admits the whole of a specified claim?
o D provides details of income etc on form + makes offer of payment (can inc. payment plan proposals)
o D sends form to C who can then file a request for judgment
o If C rejects the payment plan, the judge will decide (usually on paper)
what is the process where D admits part of a specified claim?
o D provides details of income etc on form + makes offer of payment (can inc. payment plan proposals)
o C has 14 days from receipt to either:
Accept part admission and request judgment;
Accept part admission but not D’s proposals for payment (the court will then decide);
Reject offer entirely. The matter proceeds as defended.
what is the process when D admits liability and makes an offer in an unspecified claim?
o D completes form and sends this to the court
o The court send a notice to C asking whether they accept
o If C accepts, they can request judgment. If C accepts offer but rejects the payment terms, the court decide
o If C rejects the offer entirely, C applies for judgment for damages to be assessed and there will be a disposal hearing to determine amount + terms
(nb: proceeds to disposal hearing because D has admitted liability. D agrees they did it just not the amount)
what is the process when D admits liability and but makes no offer in an unspecified claim?
C applies for judgment for damages to be assessed and there will be a disposal hearing to determine amount + terms