Responding to a claim

Question 1

What is the purpose of acknowledging service?

Answer 1

To indicate inability to file a defence in time or to dispute the court’s jurisdiction

Acknowledgment of service is filed when a defendant cannot prepare a defence within the standard timeframe.

Question 2

Which Civil Procedure Rules (CPR) relate to acknowledging service?

Answer 2

CPR 9, CPR 10, CPR 15.1 to 15.6

These rules outline the procedures for responding to proceedings and acknowledging service.

Question 3

What are the possible actions a defendant might take in response to a claim?

Answer 3

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

The defendant can choose to do one or more of these actions based on the specifics of the claim.

Question 4

When must an acknowledgment of service be filed?

Answer 4

14 days after service of the particulars of claim or the claim form

The specific timeframe can vary based on the type of claim and service details.

Question 5

What happens if a defendant acknowledges service?

Answer 5

The deadline for filing the defence is extended to 28 days after the deemed date of service of the particulars of claim

This allows the defendant more time to prepare their defence.

Question 6

How does a defendant acknowledge service?

Answer 6

By completing Form N9, confirming their name and address, and indicating intent to defend

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

Question 7

What is the consequence of not filing an acknowledgment of service?

Answer 7

The defendant must file and serve a defence within 14 days from the deemed date of service

Failure to respond in time can lead to judgment in default.

Question 8

What is required for a defendant to file a defence?

Answer 8

A defence must be filed at court and served on all parties within the prescribed time limits (CPR 15.6)

The defence sets out the reasons for disputing the claim.

Question 9

What can extend the time for serving a defence beyond 28 days?

Answer 9

• Claims served out of jurisdiction
• Applications disputing court’s jurisdiction
• Summary judgment applications
• Orders for service on an agent overseas

Specific rules apply for each situation under CPR 15.4.

Question 10

What is the purpose of admitting a claim?

Answer 10

To acknowledge liability for the claim either wholly or partially

This can simplify proceedings and may lead to a quicker resolution.

Question 11

What forms are used for admitting claims?

Answer 11

• Form N9A for specified amounts
• Form N9C for unspecified amounts or non-money claims

These forms are included in the response pack sent to defendants.

Question 12

What must a defendant do if admitting a specified claim?

Answer 12

Complete Form N9A and submit it within 14 days of deemed service

This admission allows for immediate calculation of amounts due.

Question 13

What happens if a defendant admits part of a specified claim?

Answer 13

Judgment is entered for the admitted amount, and a defence must be filed for the balance

This allows the case to proceed for the unadmitted portion.

Question 14

What is required for a defendant to request time to pay after admitting a claim?

Answer 14

Include a request for time to pay on Forms N9A or N9C

This proposal outlines how and when the defendant intends to make payments.

Question 15

What is the impact of entering judgment following a claim admission?

Answer 15

Judgment is a final order that resolves the claim, affecting credit ratings

Judgments are recorded and can influence future financial dealings.

Question 16

What elements comprise the judgment amount in specified claims?

Answer 16

• Amount of claim/debt
• Interest to the date of issue
• Court fees
• Fixed costs as per CPR 45

These components ensure that the judgment reflects the total financial obligations.

Question 17

True or False: Acknowledging service is a compulsory step in a claim.

Answer 17

False

A defendant may choose to defend straight away if the defence is ready.

Question 18

What must a defendant do if they need more than 28 days to prepare their defence?

Answer 18

File an acknowledgment of service to extend the time limit

The acknowledgment provides additional time to prepare the necessary documents.

Question 19

What is the time period for responding to a claim?

Answer 19

14 day period for responding to the claim

Question 20

In specified claims, what does the judgment comprise?

Answer 20

• Amount of the claim/debt including interest to the date of issue
• Interest since the date of issue
• Court fees
• Fixed costs as set out in CPR 45

Question 21

What happens in unspecified claims regarding judgment?

Answer 21

Judgment will be on liability only; a subsequent hearing will determine the amount due

Question 22

Which sections provide the court with the power to award simple interest on debts?

Answer 22

Section 35A Senior Courts Act 1981 / Section 69 County Courts Act 1984

Question 23

How is judgment entered following a claim being admitted?

Answer 23

It is an administrative process; the claimant files the correct paperwork without judicial involvement

Question 24

What must a claimant do within 14 days of receiving notice of admission?

Answer 24

Complete a request for judgment and reply to admission form

Question 25

What is the consequence of entering judgment following an admission?

Answer 25

The claim is effectively concluded

Question 26

What is the defendant required to do if they admit a claim in full?

Answer 26

Judgment can be entered for the debt, interest, court fees, and fixed costs

Question 27

If a specified claim is admitted in part, what must the defendant do?

Answer 27

File a defense for the unadmitted part which will continue to trial

Question 28

What happens when an unspecified claim is admitted?

Answer 28

Judgment will be for liability only, with a subsequent hearing to determine quantum

Question 29

What is the definition of 'counting time' in the context of civil procedure rules?

Answer 29

The process of calculating deadlines and time limits accurately

Question 30

Which CPR rule outlines how to count time?

Answer 30

CPR 2.8

Question 31

What does 'clear days' mean in the context of counting time?

Answer 31

The day on which a period begins is never included

Question 32

If the end of the period is defined by an event, what rule applies?

Answer 32

The day of that event is not included in the counting

Question 33

What are the rules regarding counting weekends and holidays?

Answer 33

For periods of 5 days or less, Saturdays, Sundays, and holidays do not count

Question 34

What happens if a deadline ends on a day the court office is closed?

Answer 34

The act is treated as on time if done on the next day the court office is open

Question 35

What is the purpose of a defence document?

Answer 35

To set out the defendant's case and respond to the particulars of claim

Question 36

What must every defence include according to CPR?

Answer 36

The defendant's address for service and where the defendant resides or carries on business

Question 37

What options does a defendant have for each allegation made by the claimant?

Answer 37

* Admit the allegation * Deny the allegation * Require proof of the allegation

Question 38

What is the consequence of admitting an allegation?

Answer 38

The claimant does not have to bring further evidence in support

Question 39

What must a defendant provide when denying an allegation?

Answer 39

Reasons for the denial and a different version of events if applicable

Question 40

When can a defendant require proof of an allegation?

Answer 40

If the defendant is unable to admit or deny the allegation due to lack of knowledge

Question 41

What are the consequences of failing to deal with an allegation in the defence?

Answer 41

The defendant will be deemed to admit it unless their own case is set out

Question 42

What specific matters must be included in the defence?

Answer 42

Limitation, which is a defence to a claim but not a bar to bringing the claim

Question 43

What is a money claim in legal proceedings?

Answer 43

A money claim is understood as a claim for a specific amount that is not admitted unless the defendant specifically admits it. ## Footnote Refer to CPR 16.5(4) for further details.

Question 44

What must be included in the defence regarding limitation?

Answer 44

The defendant must state the date on which the limitation period is deemed to have expired. ## Footnote See 16 PD 13.1 for specifics.

Question 45

How can a defendant dispute the claimant's valuation of the claim?

Answer 45

The defendant must state why they dispute it and provide their estimated value of the claim. ## Footnote Refer to CPR 16.5(6) for more information.

Question 46

In personal injury claims, what must the defendant state regarding expenses and losses?

Answer 46

The defendant must state whether they agree, dispute, or have no knowledge of the matters in the schedule of past and future expenses and losses, along with reasons and their own counter-schedule. ## Footnote See 16 PD 11 for details.

Question 47

What is set-off in the context of a defence?

Answer 47

Set-off is a claim where the defendant states they are owed money by the claimant, effectively canceling out the amounts owed to each other. ## Footnote This must be included in the defence if applicable.

Question 48

What must the defence specifically set out?

Answer 48

The defence must set out any matter that is a defence to the claim or raises issues of fact not included in the claim, such as fraud or illegality. ## Footnote Human rights arguments and relief sought must also be included (16 PD 15).

Question 49

What is the standard structure of a defence?

Answer 49

A defence should respond point by point to the allegations in the particulars of claim, adopting defined terms and admitting or denying allegations. ## Footnote A general denial paragraph is often included at the end.

Question 50

What is the purpose of a reply in legal proceedings?

Answer 50

A reply is an optional statement of case served by the claimant to allege facts in answer to new points raised in the defence. ## Footnote Refer to CPR 15.8 for more information.

Question 51

When should a reply be filed?

Answer 51

A reply should be filed with the directions questionnaire after a claim is defended, with at least 14 days' notice of the deadline. ## Footnote Specific time limits may vary in specialist proceedings.

Question 52

What is default judgment?

Answer 52

Default judgment means applying for judgment in the claimant's favour without a trial if the defendant has not responded to the claim within the prescribed time limits (CPR 12.1). ## Footnote Also referred to as judgment in default.

Question 53

What conditions must be satisfied to obtain default judgment?

Answer 53

* Time for filing an acknowledgment of service has expired * The claim has not been admitted or satisfied * No application for summary judgment or strike out has been made ## Footnote Refer to CPR 12.3 for specifics.

Question 54

What differentiates default judgment from strike out?

Answer 54

Default judgment applies when the defendant fails to respond, while strike out focuses on whether a statement of case amounts to a legally recognisable claim or defence. ## Footnote See CPR 3.4 for details on strike out.

Question 55

What is the procedure for obtaining default judgment for money claims?

Answer 55

The claimant may file a request on a specified form and the application will be dealt with on paper, leading to a judgment for the amount sought. ## Footnote This applies to both specified and unspecified sums.

Question 56

Can a claimant obtain a default judgment against one of multiple defendants?

Answer 56

Yes, a claimant may obtain a default judgment against one defendant and proceed with the claim against others if the claims can be dealt with separately. ## Footnote Refer to CPR 12.9 for more information.

Question 57

What is required to set aside a default judgment?

Answer 57

A default judgment can be set aside on an application by the defendant or by the court of its own motion, aimed at avoiding injustice. ## Footnote Refer to CPR 13.2 and 13.3 for conditions.

Question 58

What are the two types of cases for setting aside default judgment?

Answer 58

* Cases where the court must set aside judgment (CPR 13.2) * Cases where the court may set aside judgment (CPR 13.3) ## Footnote Each type has specific reasons and conditions.

Question 59

What criteria must a defendant meet to show a real prospect of successfully defending the claim?

Answer 59

The defendant must show that they have a real prospect of success, which is more than just an arguable defence. ## Footnote The court must not conduct a mini trial but should analyze the evidence.

Question 60

What does 'may' set aside imply in terms of court discretion?

Answer 60

It provides the court with discretion to set aside the judgment based on good reasons or a real prospect of success. ## Footnote This must be supported by evidence.

Question 61

What must the court consider regarding delay when setting aside a default judgment?

Answer 61

The court must consider how promptly the defendant made its application to set the judgment aside. ## Footnote Timeliness is an important aspect of compliance with CPRs.

Question 62

What is the overarching objective when the court considers setting aside a judgment?

Answer 62

The court must act in accordance with the overriding objective, aiming to do justice in the circumstances. ## Footnote This is part of the principles outlined in the CPR.