DR: Responding to Proceedings

Question 1

What is the purpose of acknowledging service in civil procedure?

Answer 1

To confirm receipt of the claim and to either extend the time for filing a defence or dispute the court’s jurisdiction

Acknowledging service is not compulsory but is a strategic step for defendants who need more time.

Question 2

Which CPR rules relate to acknowledging service?

Answer 2

CPR 10 (acknowledging service) and CPR 9 (responding to proceedings)

The main rules governing the acknowledgment of service are critical for understanding procedural requirements.

Question 3

What are the steps a defendant might take in response to a claim according to CPR 9.2?

Answer 3

• File an admission (CPR 14)
• File a defence (CPR 15)
• File an acknowledgment of service (CPR 10)

A defendant can choose to take one or more of these actions depending on the circumstances.

Question 4

When must a defendant file an acknowledgment of service?

Answer 4

14 days after service of the particulars of claim or the claim form, depending on the case

Specific deadlines apply based on the type of claim and service method.

Question 5

What form is used for acknowledging service?

Answer 5

Form N9

This form is provided to the defendant in the response pack.

Question 6

What happens after a defendant acknowledges service?

Answer 6

The court notifies the claimant in writing that acknowledgment has been filed

This ensures all parties are aware of the next steps and deadlines.

Question 7

What is the extended deadline for filing a defence after acknowledging service?

Answer 7

28 days after the deemed date of service of the particulars of claim

Acknowledging service allows additional time for the defendant to prepare their defence.

Question 8

What must a defendant include in their defence?

Answer 8

Reasons why the claim is disputed

The defence should clearly articulate the basis for contesting the claim.

Question 9

True or False: A defendant can file a defence even after acknowledging service.

Answer 9

True

Acknowledging service does not prevent the defendant from filing a defence earlier than the extended deadline.

Question 10

How can a defendant extend the time for filing a defence?

Answer 10

By agreeing with the claimant for up to 28 extra days

If the parties cannot agree, the defendant must apply to the court for a longer extension.

Question 11

What is the procedure if a defendant has already paid the debt before receiving a claim?

Answer 11

File a defence stating the debt has been paid, and the court will notify the claimant

This process allows for a quick resolution if the claimant does not contest the payment.

Question 12

When must a defence be filed if the defendant does not acknowledge service?

Answer 12

Within 14 days of the deemed date of service of the particulars of claim

Timely filing is essential to avoid default judgment.

Question 13

What is the significance of the overriding objective in court applications?

Answer 13

It guides the court’s decisions on extensions of time and procedural matters

Ensuring justice and efficiency in legal proceedings is paramount.

Question 14

Fill in the blank: A defendant must file a defence within ______ of the deemed date of service of the particulars of claim.

Answer 14

14 days

This is a critical timeline for defendants to adhere to in civil proceedings.

Question 15

What can happen if a claimant does not respond to a notice regarding a claim for money already paid?

Answer 15

The claim is stayed if the claimant does not respond within 28 days

This provides a mechanism for resolving disputes over payments efficiently.

Question 16

What is the main rule governing admissions in civil procedure?

Answer 16

CPR 14

CPR 14 outlines the procedures for admitting a claim.

Question 17

What should a defendant do if they do not wish to dispute a claim?

Answer 17

Admit either the whole or part of the claim

A defendant may admit the claim based on legal advice or assessment of their chances of success.

Question 18

What form is used for admitting a specified claim?

Answer 18

Form N9A

Form N9A is specifically for claims for a specified amount.

Question 19

What form is used for admitting an unspecified claim?

Answer 19

Form N9C

Form N9C is for claims that are unspecified, non-money, or for the return of goods.

Question 20

Within how many days must a defendant admit a claim after deemed service?

Answer 20

14 days

The time frame for admitting a claim is critical for the defendant.

Question 21

What happens if a specified claim is admitted in full?

Answer 21

Judgment amount known (debt; court fees; interest; fixed costs)

This allows for a prompt determination of the claim’s amount.

Question 22

What is the outcome if a defendant admits only part of a specified claim?

Answer 22

Judgment in part and the defendant must file a defence for the unadmitted balance

The part admitted will incur judgment, while the rest remains disputed.

Question 23

What does admitting an unspecified claim imply for quantum?

Answer 23

Quantum needs to be decided before knowing the amount to be paid

Liability can be admitted, but the exact amount is not known initially.

Question 24

What may a defendant request at the time of admitting a claim?

Answer 24

Time to pay

This allows the defendant to propose a payment schedule.

Question 25

What must a claimant do after being notified of an admission?

Answer 25

Enter judgment against the defendant ## Footnote This judgment can be for the admitted amount or determined later for unspecified claims.

Question 26

What is the impact of a judgment on a defendant's credit rating?

Answer 26

Judgments are recorded on a public register for six years ## Footnote This can negatively affect an individual's credit rating.

Question 27

What are the components of a judgment in specified claims?

Answer 27

* Amount of claim/debt * Interest to date of issue * Court fees * Fixed costs ## Footnote These components ensure the claimant is compensated fully.

Question 28

What happens if a claimant accepts a sum offered in satisfaction of an unspecified claim?

Answer 28

The claim is concluded on those terms ## Footnote Acceptance of the offer means the issue of quantum is settled.

Question 29

What does entering judgment for a specified sum involve?

Answer 29

An administrative process without judicial involvement ## Footnote The claimant files the necessary paperwork for judgment.

Question 30

How long does a defendant have to pay after a judgment is entered?

Answer 30

14 days ## Footnote Enforcement proceedings may follow if payment is not made.

Question 31

What is the legal basis for awarding simple interest on debts?

Answer 31

Section 35A Senior Courts Act 1981 / section 69 County Courts Act 1984 ## Footnote These sections provide the court authority to award interest.

Question 32

What is meant by 'counting time' in civil procedure?

Answer 32

The process of calculating deadlines and time limits accurately to comply with rules and orders ## Footnote This process is critical for parties involved in claims to avoid risks such as judgment in default.

Question 33

Which CPR rule provides guidance on how to count time?

Answer 33

CPR 2.8 ## Footnote CPR refers to Civil Procedure Rules.

Question 34

What does Rule 1 state about counting clear days?

Answer 34

The day on which a period begins is never included in the counting ## Footnote This means you start counting from the following day.

Question 35

In Rule 1, if particulars of claim are served on Tuesday, when is 'day one' for counting?

Answer 35

Wednesday

Question 36

What does Rule 2 specify regarding the end of a period defined by an event?

Answer 36

The day on which the event occurs is not included in the counting ## Footnote This applies to deadlines defined by events like hearings.

Question 37

How does Rule 3 affect counting for periods of 5 days or less?

Answer 37

Saturdays, Sundays, Bank Holidays, Christmas Days, and Good Fridays do not count ## Footnote This is important when calculating short time limits.

Question 38

If a hearing is on Monday, when must evidence be served if it needs to be served at least 3 days prior?

Answer 38

By Thursday of the previous week

Question 39

What does Rule 4 state about deadlines on days when the court office is closed?

Answer 39

The act is treated as on time if done on the next day the court office is open ## Footnote This applies when the deadline falls on a day the court is closed.

Question 40

If particulars of claim are deemed served on Friday 5 February, what is the last day to file an acknowledgment of service or defence?

Answer 40

Friday 19 February

Question 41

When counting time, what is the significance of day 0?

Answer 41

It is the day the period begins and is not counted ## Footnote For example, if particulars are served on 5 February, it is day 0.

Question 42

True or False: The day a hearing occurs is included when counting clear days for filing evidence.

Answer 42

False

Question 43

Fill in the blank: When counting time, the day on which a period begins is treated as _______.

Answer 43

day zero

Question 44

What is the key takeaway regarding the calculation of deadlines?

Answer 44

Deadlines must be calculated accurately to ensure compliance with CPR, PDs, or court orders.

Question 45

What happens if the last day to file a document falls on a day the court is closed?

Answer 45

The document is treated as filed on time if filed the next day the court is open.

Question 46

What might the defendant choose to do at the stage of responding to a claim?

Answer 46

Admit the claim ## Footnote The defendant may also request a stay of proceedings or that CPR Part 8 procedure apply.

Question 47

What is CPR 14 and PD 14 related to?

Answer 47

Admissions of claims ## Footnote These rules govern how admissions are handled in legal proceedings.

Question 48

What happens if a claim is fully admitted by the defendant?

Answer 48

No dispute remains; the defendant pays immediately or judgment is entered against them ## Footnote If partially admitted, the disputed aspect must be resolved through proceedings.

Question 49

What is the consequence of not responding to a claim within the set time limits?

Answer 49

The claimant can request an early judgment ## Footnote This concludes the claim if the defendant fails to respond.

Question 50

What does CPR 15.11 impose after six months of inactivity in a claim?

Answer 50

An automatic stay ## Footnote This occurs if neither party takes steps to advance the claim.

Question 51

What is the purpose of the Part 8 procedure under CPR?

Answer 51

It applies to claims unlikely to have substantial disputes of fact and can be resolved on written evidence ## Footnote Examples include cost disputes or declarations on a point of law.

Question 52

What does CPR 16.8 allow the court to do?

Answer 52

Dispense with all statements of case other than the claim form ## Footnote This can save time and costs when statements are unnecessary.

Question 53

When can the court make an order to dispense with statements of case?

Answer 53

Once the claim form has been issued and served ## Footnote The court will also provide directions for case management.

Question 54

What is the maximum claim amount for the money claims online procedure?

Answer 54

£100,000 ## Footnote This limit excludes interest or costs.

Question 55

What can the defendant do in response to a money claim issued online?

Answer 55

File an acknowledgment of service or defense by email ## Footnote This is part of the special online procedure.

Question 56

What happens if a claim is defended in the money claims online procedure?

Answer 56

It is usually transferred to the relevant County Court hearing center ## Footnote This occurs after completion of the directions questionnaires.

Question 57

What should be checked when responding to a claim under the money claims online procedure?

Answer 57

The time limits and procedures as set out in 7C PD ## Footnote These differ from the usual Part 7 procedure.

Question 58

True or False: Most claims are initiated under CPR Part 8.

Answer 58

False ## Footnote Most claims are started under CPR Part 7.