Responding to Proceedings Flashcards
(26 cards)
What are the defendant’s three options after being served with particulars of claim?
- Admit the claim
- File a defence
- File an acknowledgment of service (to extend time or dispute jurisdiction)
What is the consequence of not responding to a claim in time?
The claimant may request or apply for default judgment.
When should a defendant acknowledge service?
- If they need more time to prepare a defence
- If they wish to dispute the court’s jurisdiction
What is the deadline for acknowledging service?
- 14 days after deemed service of the claim form, or
- 14 days after deemed service of particulars (if they follow later)
What happens if acknowledgment of service is filed?
The deadline for serving the defence is extended to 28 days from deemed service of particulars
What is the general time limit for filing a defence?
- 14 days after deemed service of particulars (if no acknowledgment of service filed)
- 28 days if acknowledgment of service is filed
Can the parties agree to extend time for defence?
Yes, they may agree an extra 28 days (total 56 days from deemed service)
Can more than 28 days be agreed without the court?
No. Further extension requires a court order.
What factors will the court consider when deciding whether to grant an extension?
The overriding objective, reason for the delay, and the impact on the case’s progress.
How does a defendant admit a claim?
By completing the admission form in the response pack and filing it within 14 days of deemed service of particulars
What happens if the whole of a specified claim is admitted?
The court enters judgment for the debt, interest, court fees, and fixed costs—concluding the claim.
What happens if part of a specified claim is admitted?
Judgment is entered in part, and the rest must be defended.
What happens if an unspecified claim is admitted?
Judgment is entered on liability only; quantum will be determined at a later hearing.
Can a defendant request time to pay after admission?
Yes—by making a proposal on the form and providing financial details
What happens if the claimant rejects the payment proposal?
The court will determine the payment rate
What is the effect of entering judgment on admission?
The claim is concluded, and judgment is enforceable (unless settled otherwise).
What are the 4 key rules of counting time?
- Start date (day 0) is not counted
- Event-based deadlines exclude the event day
- If period is ≤ 5 days: exclude weekends & holidays
- If deadline falls on a court-closed day: due next open day
How is a 14-day deadline calculated from service on Friday 5 Feb?
Start counting from Saturday 6 Feb → deadline is Friday 19 Feb
When must evidence be served if hearing is Wed 9 Oct and needs 3 clear days?
By Thursday 3 Oct (excluding weekend and hearing day)
When can a claimant apply for default judgment?
If the defendant fails to file an acknowledgment or defence within the time limits.
Can default judgment be set aside?
Yes—on application by the defendant, usually if there is a real prospect of defending the claim or good reason for the delay.
What happens if neither party takes a step after service?
Claim is automatically stayed after 6 months
What is Part 8 used for?
Claims where no substantial dispute of fact is expected, often resolved on written evidence only.
Can the court dispense with statements of case?
Yes—under CPR 16.8 if it would save costs and there is no dispute of fact.
