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Responding to proceedings Flashcards

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1
Q

What are the possible steps a defendant might take in response to a claim (CPR 9.2)?

A

File/serve an admission

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2
Q

Under what circumstances might a defendant file an acknowledgment of service (CPR 10.1)?

A

If unable to file a defence within the initial period or if wishing to dispute the court’s jurisdiction.

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3
Q

Is acknowledging service a compulsory step?

A

No.

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4
Q

In what situations is the period for filing an acknowledgment of service 14 days after service of the particulars of claim?

A

Where the claim form states that particulars are to follow (CPR 10.3).

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5
Q

In what situations is the period for filing an acknowledgment of service 14 days after service of the claim form?

A

In any case other than where the claim form states particulars are to follow (CPR 10.3).

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6
Q

Where is the form for acknowledging service found?

A

It is Form N9 and is sent to the defendant in the response pack.

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7
Q

What information does the acknowledgment of service form require?

A

Confirmation of the defendant’s name

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8
Q

What is the effect of filing an acknowledgment of service on the time for filing a defence (CPR 15.4)?

A

It extends the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim.

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9
Q

If the defendant does not file an acknowledgment of service

A

when must they file and serve a defence?

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10
Q

What happens after a defendant files an acknowledgment of service?

A

The court notifies the claimant (CPR 10.4)

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11
Q

When must a defendant file a defence if they are contesting a claim?

A

Within the prescribed time limits (initially 14 days from deemed service of particulars

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12
Q

In what circumstances might a longer period for filing a defence apply (CPR 15.4(2))?

A

Service out of jurisdiction

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13
Q

Can the defendant and claimant agree to extend the time for serving the defence?

A

Yes

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14
Q

What is the maximum extension of time for serving a defence that the parties can agree between themselves?

A

28 days.

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15
Q

What must happen if an extension of time for the defence is agreed between the parties?

A

The court must be notified in writing.

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16
Q

If more than 28 days extension for the defence is needed

A

what must the defendant do?

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17
Q

What will the court consider when deciding whether to grant an extension of time for the defence?

A

The overriding objective

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18
Q

How should a defendant respond if they have already paid the claimant before receiving a claim for a specified amount?

A

With a defence stating that the debt has already been paid (CPR 15.10).

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19
Q

What happens when the court receives a defence stating that money has already been paid?

A

It sends a notice to the claimant asking if the defence is correct.

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20
Q

What is the claimant’s deadline to respond to a defence of ‘money paid’?

A

28 days.

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21
Q

What happens if the claimant does not respond within 28 days to a defence of ‘money paid’?

A

The claim is stayed.

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22
Q

What must the claimant do after responding to a defence of ‘money paid’?

A

Serve a copy of their response on the defendant.

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23
Q

What happens if the claimant does not wish to continue after receiving a defence of ‘money paid’?

A

That is the end of the case.

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24
Q

If the claimant wishes to continue after a defence of ‘money paid’ (e.g.

A

for interest/costs)

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25
What is the primary action a defendant must take if they contest a claim?
File a defence explaining why the claim is disputed.
26
What is the initial time limit for filing a defence?
14 days from the deemed date of service of the particulars of claim.
27
When should a defendant file an acknowledgment of service?
If they need more than 14 days for the defence or want to dispute jurisdiction.
28
What are the time limits for filing an acknowledgment of service?
14 days from deemed service of the claim form (if particulars follow) or 14 days from deemed service of particulars (if served with claim form).
29
What is the effect of filing an acknowledgment of service on the defence deadline?
It extends it to 28 days from the deemed date of service of the particulars of claim.
30
What is the limit on agreed extensions of time for serving the defence between parties?
Up to 28 extra days.
31
Who can grant further extensions of time for the defence beyond the agreed limit?
The court
32
What should a defendant do if they don't wish to dispute a claim or have no valid defence?
Respond to the particulars of claim by admitting either the whole or part of the claim.
33
What CPR part and practice direction deal with admissions?
CPR 14 and PD 14.
34
What might a defendant do at the same time as admitting a claim?
Ask for time to pay.
35
Where is the admission form located?
In the response pack sent to the defendant with the particulars of claim.
36
What are the different admission forms depending on the claim type?
Form N9A for specified amounts and Form N9C for unspecified amounts
37
When must a defendant send the completed admission form to the court (or claimant for full specified claims)?
Within 14 days of deemed service of the particulars of claim.
38
What type of claim has a known amount of money to be paid when admitted?
A specified claim.
39
What can be promptly determined when a specified claim is admitted?
The amount of money
40
What are the two ways a defendant can admit a specified claim (CPR 14.4
14.5)?
41
Which form is used to indicate whether the whole or part of a specified claim is admitted?
Form N9A.
42
Who has the right to enter judgment for the admitted sum (including interest) in a specified claim admission?
The claimant
43
What happens if the whole of a specified claim is admitted?
The exact amount due can be calculated immediately
44
What happens if part of a specified claim is admitted?
Judgment can be entered for the admitted part
45
What is not yet known when a claim for an unspecified sum is admitted?
Quantum (the amount of money to be paid) and the amount of interest.
46
What are the two ways a defendant can admit liability to pay an unspecified amount (CPR 14.6
14.7)?
47
Which form is used to indicate admission of an unspecified claim or offer a sum in satisfaction?
Form N9C.
48
What happens if the whole of an unspecified claim is admitted?
The court will enter judgment for an amount to be decided later by the court and costs (after a claimant's request).
49
Who has the right to enter judgment for any amount offered in satisfaction of an unspecified claim
if accepted?
50
What is the outcome of admitting the whole of an unspecified claim initially?
Judgment on liability is given
51
When can a defendant request time to pay (CPR 14.9(1))?
If the admission amounts to a specified amount of money (whole/part of a specified claim or an offer in satisfaction of an unspecified claim).
52
Where can a defendant make a request for time to pay?
On the admission forms (N9A and N9C) at the same time as the admission.
53
What information might a defendant supply when requesting time to pay?
Personal financial information (income
54
What happens if the claimant does not accept the defendant's payment proposals?
The court will determine the rate of payment (CPR 14.10).
55
What is a 'judgment'?
A 'final order' which disposes of the claim.
56
What is a claimant's usual preference after an admission?
To have a judgment entered.
57
Why do defendants usually prefer not to have a judgment entered against them?
To avoid enforcement proceedings and because money judgments are publicly registered for six years
58
What are some alternatives to entering judgment after an admission?
Settlement
59
What are the components of a judgment in a specified claim admission?
The debt (including interest to claim issue)
60
What is given as credit when calculating the judgment amount in a specified claim?
Any amounts already paid by the defendant.
61
What is the nature of a judgment in an unspecified claim admission?
Judgment on liability only
62
What legislation provides the court with power to award simple interest on debts where no other provision exists?
Section 35A Senior Courts Act 1981 / section 69 County Courts Act 1984.
63
How is judgment entered for a specified sum following an admission?
It is an administrative process by the court staff upon the claimant filing the correct paperwork (request for judgment and reply to admission form within 14 days of admission notice).
64
Is there a hearing for entering judgment after a specified claim admission?
No.
65
What information does the claimant include on the request for judgment form?
The judgment amount (debt
66
When is the judgment typically payable by the defendant after being entered (unless otherwise agreed)? Within 14 days (CPR 40.11).
Admitting the claim - conclusion
67
What can happen if a defendant fails to pay the judgment amount within the specified time?
Enforcement proceedings can be taken.
68
How does a defendant admit a claim?
By completing and filing/serving the appropriate admission form from the response pack within 14 days of particulars of claim service.
69
What is the outcome of admitting a specified claim in full?
Judgment for the debt
70
What happens if a specified claim is admitted in part?
Judgment in part is entered
71
What is the outcome of admitting an unspecified claim?
Judgment for liability only
72
What is it called when a defendant admits liability in an unspecified claim and proposes an amount to settle it?
An offer to pay a sum in satisfaction of the claim.
73
When can a defendant request time to pay?
When admitting any specified amount of money.
74
What happens if the claimant rejects a defendant's request for time to pay?
Payment terms will be determined by the court.
75
What is the purpose of understanding how to 'count time' in civil procedure?
To accurately calculate deadlines and time limits derived from the CPR
76
Where is guidance on how to count time found in the CPR?
CPR 2.8.
77
What does a reference to a number of 'days' in the CPR generally mean?
'Clear days' as defined by the rules.
78
According to Rule 1
when counting a period of days
79
If particulars of claim are served on a Tuesday
what is 'day one' for the purpose of counting a 14-day period?
80
According to Rule 2
if the end of a time period is defined by reference to an event (e.g.
81
If notice of an application must be served at least 3 days before a hearing on Monday
is the Monday included in the 3-day count?
82
Does Rule 2 apply to a deadline that is a certain number of days after an event (e.g.
14 days after service)?
83
According to Rule 3
which days do not count when a specified period is 5 days or less?
84
If notice of an application must be served 3 days before a hearing on Monday 10th January
which days are counted back from Monday?
85
According to Rule 4
what happens if a deadline for doing an act at the court office falls on a day the office is closed?
86
If the deadline to file particulars of claim (7 days after service on Monday 23rd August) falls on a bank holiday Monday (30th August)
when is the deadline?
87
For Example 1
if evidence needs to be served at least three days before a Wednesday 9th October hearing
88
In Example 1
why is Thursday 3rd October the latest service date?
89
For Example 2
if particulars of claim are deemed served on Friday 5th February
90
In Example 2
why is Friday 19th February the last day for response?
91
When counting time
is the day on which a period begins included?
92
If the end of a time period is linked to an event (like a hearing)
is the day of the event included in the count?
93
When counting a period of 5 days or less
which days are excluded?
94
What happens if a court office deadline falls on a day the office is closed?
The deadline is extended to the next day the office is open.
95
96
97
What are some procedural points to consider at the stage of responding to a claim?
Admitting the claim
98
What happens if a defendant admits to the whole or part of a claim?
If fully admitted
99
What is the consequence if neither party takes steps to move a claim forward after it's issued and served (e.g.
no response from defendant
100
Why might a stay of proceedings occur automatically?
Due to inactivity
101
Can a stay of proceedings be lifted?
Yes
102
What is CPR Part 8 procedure used for?
Certain types of claims where a substantial dispute of fact is unlikely
103
Give examples of claims where CPR Part 8 might apply.
Claims where the only issue is costs or where parties seek a declaration on a point of law or contract construction.
104
Are the requirements for responding to a claim the same under CPR Part 8 as under the usual rules?
No
105
What should you do if you are dealing with a Part 8 claim regarding the response?
Check and follow the specific procedure set out in CPR 8.
106
What power does CPR 16.8 give the court?
The power to make an order dispensing with all statements of case other than the claim form.
107
Why might the court dispense with statements of case?
To save time and costs where statements of case are unnecessary
108
When can the court make an order dispensing with statements of case?
Once the claim form has been issued and served.
109
How is the response to proceedings determined if the court dispenses with statements of case?
By the court's order
110
What is the maximum value of a claim that can be commenced using Money Claims Online (7C PD)?
£100
111
What is a requirement for using Money Claims Online regarding the parties' location?
All parties must be within England and Wales.
112
How can a defendant respond to a money claim issued online?
By filing an acknowledgment of service or defence by email.
113
How can a claimant apply for default judgment or judgment following admission in a Money Claims Online case?
By sending an online request form.
114
What typically happens if a money claim issued online is defended?
It will usually be transferred to the relevant County Court hearing centre after directions questionnaires are completed.
115
Are the time limits for responding to a claim the same for Money Claims Online as under the usual Part 7 procedure?
No
116
What is likely to happen if neither party takes action after service of proceedings?
The claim will likely be stayed.
117
What is the key characteristic of claims under CPR Part 8?
There is unlikely to be a substantial dispute of fact
118
How do the response requirements differ under CPR Part 8?
They are different from the usual rules and should be considered carefully.
119
What power does the court have regarding statements of case?
To dispense with any or all statements of case other than the claim form.
120
Is there a special procedure for responding to claims commenced via Money Claims Online?
Yes

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