Responding to a claim

Question 1

who speaks first at an interim hearing?

Answer 1

the applicant

Question 2

unless order

Answer 2

unless a party complies with a specific direction, a sanction will be applied automatically

Question 3

After being served with the particulars of claim, the defendant has 3 options

Answer 3

File or serve an admission, file a defence, file an acknowledgement of service

Question 4

Failure to respond to proceedings will usually result in

Answer 4

default judgment

Question 5

Form N9

Answer 5

form for acknowledging service

Question 6

Filing an acknowledgement of service extends

Answer 6

the time for filing a defence

Question 7

If the defendant does file an acknowledgement of service indicating an intention to defend the claim, it extends the deadline for serving the defence

Answer 7

to 28 days after the DDS of the particulars of claim

Question 8

DDS

Answer 8

deemed date of service

Question 9

the defence must be filed…

Answer 9

at court and served on all parties within the prescribed time limit

Question 10

The defendant and claimant can agree an extension of time to serve the defence up to

Answer 10

28 days

Question 11

If an extension of time is agreed, who must be notified?

Answer 11

the court must be notified in writing

Question 12

What will the court ensure when deciding whether to grant an extension of time?

Answer 12

that the overriding objective is furthered

Question 13

when would a defendant give a ‘money paid’ response?

Answer 13

when the defendant has already paid the claimant before receiving the claim

Question 14

What is the time limit for a claimant responding to a ‘money paid’ response?

Answer 14

claimant must respond within 28 days

Question 15

Form N9A

Answer 15

admission form when the claim is for a specified amount

Question 16

Form N9C

Answer 16

Admission form for a claim for an unspecified amount, non-money or return of goods

Question 17

most judgments for money will be placed on a public searchable register for a period of

Answer 17

6 years

Question 18

The claimant completes a request for judgment and reply to admission form within

Answer 18

14 days of receiving notice of the admission

Question 19

judgment is payable by the defendant within

Answer 19

14 days

Question 20

If the defendant does not address any allegation made by the claimant, the defendant will be deemed to

Answer 20

admit it

Question 21

In a money claim, it will always be understood that the amount claimed is not admitted unless

Answer 21

the defendant specifically admits it

Question 22

Replies should be filed with

Answer 22

the directions questionnaire

Question 23

directions questionnaire

Answer 23

a case management document which should be filed after a claim is defended

Question 24

court permission is needed to file any statement of case after

Answer 24

the reply

Question 25

types of claim in which default judgment cannot be obtained

Answer 25

claims for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974 Part 8 claims any other claims where a PD provides that the claimant may not obtain default judgment

Question 26

If relying on ‘a real prospect of success’, the defendant must show that it has

Answer 26

a real prospect of successfully defending the claim

Question 27

on the multi-track (unless PI claim), the parties need to do what two things before the CMC?

Answer 27

need to file a disclosure report not less than 14 days before the CMC; discuss and seek to agree a proposal in relation to disclosure not less than 7 days before the CMC

Question 28

Limitation period for a PI claim

Answer 28

3 years from the date on which the cause of action accrued