Topic 5 - Responding to proceedings Flashcards
(36 cards)
What is the purpose of acknowledging service?
To confirm receipt of the claim and to request additional time if needed or to dispute jurisdiction
A defendant acknowledges service if they cannot file a defence in time or wish to contest the court’s jurisdiction.
When must a defendant file an acknowledgment of service?
14 days after service of the particulars of claim or the claim form
The specific time frame depends on whether the claim form states that particulars are to follow.
What happens if a defendant acknowledges service?
It extends the time for filing a defence to 28 days after the deemed date of service of the particulars of claim
This allows the defendant additional time to prepare their defence.
What is Form N9 used for?
To acknowledge service of proceedings
The form confirms the defendant’s details and their intention to defend all or part of the claim.
What must a defendant do if they wish to defend a claim?
File a defence which sets out why the claim is disputed
This must be done within the prescribed time limits as per CPR 15.6.
What is the consequence of filing an acknowledgment of service?
The defendant’s time to file a defence is extended to 28 days
This allows the defendant more time to prepare their defence.
True or False: Acknowledging service is a compulsory step in a claim.
False
A defendant may choose to defend straight away if the defence is ready.
What is required to admit a claim?
Complete the relevant admission form and send it to the court within 14 days
The forms differ based on the nature of the claim (specified or unspecified).
What happens if a defendant admits a claim for a specified amount?
The claimant can enter judgment for the admitted sum
This includes any applicable interest and court fees.
What is CPR 14 related to?
Admitting the claim
It outlines the procedures for a defendant to admit either the whole or part of a claim.
How can a defendant request time to pay after admitting a claim?
By including a request on the admission form while providing financial information
The court may then determine the payment rate if the claimant does not accept the proposal.
What does a judgment indicate following an admission?
That the claimant is the successful party, either completely or partially
This can lead to enforcement proceedings against the defendant.
What does the judgment in specified claims comprise?
- Amount of the claim/debt including interest
- Interest since the date of issue
- Court fees
- Fixed costs
The judgment reflects the total amount due, factoring in any payments made.
What is the procedure if the claim is for an unspecified amount and admitted?
Judgment on liability can be given, but quantum will be determined later
This requires a subsequent hearing to establish the amount due.
What is the maximum extension period for filing a defence that can be agreed upon by the parties?
28 days
Any extension beyond this requires a court application.
What must happen after a defendant acknowledges service?
The court notifies the claimant in writing
The defendant’s solicitors may also notify the claimant directly.
What is the purpose of a Tomlin Order?
To settle a claim without entering a judgment
It is an agreement that avoids a formal judgment being recorded.
What does Section 35A Senior Courts Act 1981 provide?
The court with the power to award simple interest on debts due where there is no other provision for interest
What is required for entering judgment after a claim is admitted?
The claimant completes a request for judgment and reply to admission form within 14 days of receiving notice of the admission
What happens once judgment is entered following an admission?
The claim is effectively concluded and the judgment is payable by the defendant within 14 days
What is the significance of CPR 2.8?
It provides guidance on how to count time for deadlines specified in the CPR, PDs, or court orders
What are clear days in the context of counting time?
Refers to the number of days excluding the day on which the period begins
When counting time, what happens on the day an event occurs?
The day of the event is not included in the counting period
What days do not count when the specified period is 5 days or less?
Saturdays, Sundays, Bank Holidays, Christmas Days, and Good Fridays
