Workshop 2: Responding to a Claim

Question 1

What are the three options a defendant has when they have been served proceedings by a claimant?

Answer 1

1. File or serve an admission
2. File a defence
3. File an acknowledge of service

Question 2

What is the consequence of failing to respond to proceedings on time?

Answer 2

Default judgement, which the claimant can apply for

Question 3

Can a respondent serve both an admission and defence?

Answer 3

Yes, if they only admit to parts of the claim

Question 4

When may a defendant with to file an acknowledgment of service?

Answer 4

• If they wish to dispute the court has the jurisdiction to hear the claim
• If they are unable to file the defence in time and they need longer than 14 days to serve a defence from deemed date of service

Question 5

What are the available time frames for filing an acknowledgement of service?

Answer 5

• 14 days after service of claim form
• If the claim form says the particulars of claim form is to follow, 14 days after being served the particulars of claim

Question 6

What is the name of the form for acknowledging service?

Answer 6

Form N9

Question 7

What is the time frame of filing a defence if the defendant does not file an acknowledgement of service?

Answer 7

Within 14 days of deemed date of service of particulars of claim

Question 8

What is the time frame of filing a defence if the defendant files an acknowledge of service indicating an intention to defend the claim?

Answer 8

Within 14 days of deemed date of service of particulars of claim

Question 9

What is the period whereby a defence, following the service of an acknowledgement of service, is extended by?

Answer 9

Within 28 days of the deemed date of service of the particulars of claim

Question 10

What steps do the court and the defendant’s solicitors take following the defendant’s acknowledgment of service?

Answer 10

The court notifies the claimant in writing that it has been done

The defendant’s solicitors will often notify the claimant or their solicitor too

Question 11

What should the defendant and claimant get ready to do following the diarising of the filing and service of the defence after the acknowledgment of service?

Answer 11

Defendant - ensure defence is ready and filed by deadline, or take further action to extend deadline if necessary

Claimant - get ready to apply for judgement in default if deadline expires and no defence is filed and served

Question 12

What is required when something needs to be ‘filed’ and ‘served’?

Answer 12

Filed - at court

Served - on all parties

Question 13

What circumstances may give rise to a longer period for filing a defence?

Answer 13

• Claim form has been served out of the jurisdiction
• Application has been made disputing the court’s jurisdiction
• Claimant applies for summary judgement
• Court makes an order for service of a claim form on an agent of principal overseas

Question 14

When can a defendant have a maximum of 56 days from the deemed date of service of the particulars of claim to file the defence without having to apply to court for permission to extend time for service?

Answer 14

When the defendant and claiminst agree an extension of time for service defence of a further 28 days following the acknowledgement service extension

Question 15

What must happen if an extension of time for defence preparation is agreed?

Answer 15

The court must be notified in writing

No application needed

Question 16

What must the defendant do if they wish to have an extension past the maximum 56 days?

Answer 16

They will need to apply to the court for the grant of a longer extension

Question 17

What must the defendant do if the claimant refuses to agree for an extension of defence preparation of a further 28 days?

Answer 17

They must apply to the court for an order allowing an extension of time

Question 18

What will the court consider when deciding to grant the defendant an extension of time for filing and serving a defence?

Answer 18

• That the overriding objective is furthered
• Need and impact of extra time on conduct of the claim

Question 19

How must a defendant respond to a served debt claim that they have already paid the claimant for before receiving the claim?

Answer 19

They will respond with a defence stating that the debt has been paid

Question 20

What two options are available to the claimant if a defendant claims a debt claim has been paid?

Answer 20

1. Ends the case
2. Continues if they wish to cover interests and costs/disagree the debt has been paid

Question 21

How long after the claimant’s receipt of the court’s notice of a debt claim must they respond?

What happens if this time limit is not adhered to

Answer 21

Within 28 days

If not, the claim is stayed

Question 22

When must an acknowledgement for service be filed and served after having been served the claim form with the particulars of claim form?

Answer 22

14 days for deemed date of service of claim form

Question 23

What could the defendant’s response to a claim be if they do not wish to dispute it or has been advised by their solicitor that they have no defence to the claim?

Answer 23

Respond to particulars of claim by admitting either whole or part of the claim

Question 24

How does one know how much that needs to be paid in a claim for a specific sum?

Answer 24

It is already known

Question 25

What's the name of the form for a claim or a specified amount?

Answer 25

Form 9A

Question 26

What is the name of the form for a claim of an unspecified amount, non-money or return of goods?

Answer 26

Form N9C

Question 27

How long after does the defendant wishing to admit a claim in part or wholly have to complete the relevant admission form and sent to the court/claimant?

Answer 27

14 days of the DDS of the particulars of claim

Question 28

When can the defendant send their complete form to the claimant directly?

Answer 28

If admitting a specified claim in full

Question 29

When can the exact amount due in a whole specified claim be calculated and what does it include?

Answer 29

Immediately Includes: - Debt - Court fees - Interest - Fixed cots

Question 30

What happens after a defendant admits part of a specified claim in part?

Answer 30

There is a judgement in part and a defence in part

Question 30

What happens at the stage of 'judgement' in part after a defendant admits part of the specified claim?

Answer 30

The fees of the admitted part of debt and interest on top of that is calculated [and paid]

Question 31

What happens to the disputed part of debt when the defendant admits only part of a specified claim?

Answer 31

They file a defence to the unadmitted balance

Question 32

What happens when a defendant admits the whole of an unspecified claim?

Answer 32

Judgement on liability can be given

Question 33

**TRUE OR FALSE** After a defendant admits the whole of an unspecified claim, only the liability is disposed of. Following this, there will be a subsequent hearing and judgement determining quantum

Answer 33

True

Question 34

Can a defendant make a request for time to pay if they admit to a specified amount of money, whether a whole or part of a specified claim or offer to pay amount in satisfaction of unspecified claim?

Answer 34

Yes

Question 35

Where can the defendant make a request for time to pay the admitted part of the specified or unspecified claim?

Answer 35

On the Form 9A or 9C

Question 36

What happens if the claimant refused the defendant's proposal for payment?

Answer 36

The court will determine the rate of payment By considering the defendant's provision of information and claimants already-raised objections

Question 37

What can the claimant do once being notified that the defendant has made an admission?

Answer 37

'Enter judgement' against the judgement

Question 38

What is a 'judgement' once entered?

Answer 38

A 'final order' which disposes of the cliam

Question 39

What are the potential effects of a 'judgement' against the defendant following their admission?

Answer 39

Most judgements will be placed on Register of Judgements, Orders and Fines - which is a public searchable register for 6 years This may impact an individual's credit rating

Question 40

What do 'judgements' against defendants usually indicate about the claimant?

Answer 40

That they are the successful party, this is why they prefer it

Question 41

What is the lighter alternative of conclludig on an admitted claim?

Answer 41

- By way of settlement - Claimant agreeing to withdraw the claim

Question 42

What is unlikely to happen if a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim?

Answer 42

Unlikely that a judgement will also be entered

Question 43

What do judgements comprise of in specified claims?

Answer 43

- Amount of claim/debt including interest to the date of issue of claim - Interest since date of issue - Court fees - Fixed costs * Credit will be shown for anything paid by defendant, leaving a net balance

Question 44

What do judgements comprise of in unspecified claims?

Answer 44

Will be on liability only - no record of damages Judgement is handed down from judge after the subsequent hearing which includes - Amount due, including interest - Provision for costs

Question 45

What is heard at the subsequent hearing following a defendant's admission to an unspecified claim?

Answer 45

Evidence on the issue of quantum

Question 46

Who files paperwork to be processed by court staff when entering judgement following a claim being admitted?

Answer 46

Claimant

Question 47

What is the time period whereby the claimant needs to complete a request form for judgement and respond to admission form?

Answer 47

Within 14 days of receiving notice of the admission

Question 48

What is the time period that the amount payable on the judgement is payable by the defendant?

Answer 48

Within 14 days, unless otherwise stated

Question 49

How can the claimant ensure that they secure payment of outstanding sums following the 'entered judgment'?

Answer 49

They can enforce proceedings against the defendant

Question 50

When do you start 'counting' from when a period [of deadline] begins?

Answer 50

On the following day Label the day that a period begins 'day zero', 'day one' is then the following day

Question 51

Do you include the day on which the event being referenced to when counted? E.g., a hearing

Answer 51

No

Question 52

What days do not count within a specified period of 5 days or less?

Answer 52

- Saturdays - Sundays - Bank Holidays - Christmas Days - Good Fridays

Question 53

What special rule applies when counting time and considering deadlines on days the court office is closed?

Answer 53

If the act is done on the next day that the court office is open, the act is treated as if it's been done on time

Question 54

What can the claimant do if the defendant does not respond within the necessary time limits following the issue and service of a claim?

Answer 54

Take steps to request an early judgement against the defendant - to bring claim to a conclusion

Question 55

What happens in the veent that niether party does anything after the issue and service of claim? i.e.g, defendant fails to respond and claimant takes no action to enter judgement

Answer 55

CPR 15.11 imposes an automatic stay after six months

Question 56

Can a stay on a claim be lifted?

Answer 56

Yes - any party can apply for this

Question 57

What types of claims does a 'Part 8 Procedure' apply to?

Answer 57

Claims where there is unlikely to be a substantial dispute of fact

Question 58

How are Part 8 Procedures often heard and disposed of?

Answer 58

Written evidence

Question 59

What are some examples of a Part 8 Procedure?

Answer 59

- Issue is costs between parties - Claims where parties seek only a declaration on point of law/construction of contract

Question 60

Do Part 8 Procedure claims required the filing of particulars of claims, defences or replies?

Answer 60

No

Question 61

When can the online money claims be used for commencing a money claim?

Answer 61

Only possible if claim is for less than £100k, excluding interest or cost

Question 62

Can the same procedure rules used in Part7 claims be used for money claims online?

Answer 62

No

Question 63

Which statements of case can the court dispense with?

Answer 63

All other statements other than the claim form