DR - responding options

Question 1

Are ‘bare denials’ acceptable?

Answer 1

No - if a defendant denies an allegation they must give a reason

Question 2

What are the options for a defence?

Answer 2

• admit 😥
• deny🤺
• require proof 📃📑

Question 3

What happens if you don’t address every allegation

Answer 3

• the defendant will be deemed to admit the allegation,
• unless a money claim when it will always be understood that the claim is not admitted unless specifically admitted.

Question 4

What must be included:
- Limitation used as a defence
- Disputes the amount involved
- personal injury claims

Answer 4

limitation - must provide date on which limitation expired.

Value - must state why they dispute it.

Personal Injury - agreed, disputes or has knowledge of the matters in the schedule of past and future expenses and losses, and any medical report included in the particulars, giving reasons and its own counter schedule and (if relied upon) medical evidence

Question 5

• Set-off
• Other defences
• Counterclaims

Answer 5

Set-off must be stated in the defence

Other defences must be set out

Defence and Counterclaim should normally form one document with CC after the defence.

Question 6

What is a ‘reply’?

Answer 6

A reply is an optional statement of case served by the claimant. It’s purpose is to allege facts in answer to the defence which were not included in the claim.

Question 7

What must the claimant show to get a default judgement?

Answer 7

• time limit has expired for filing an acknowledgement of service or defence,
• the claim has not been admitted or satisfied by the defendant.
• No application for summary judgement or strike out has been made by the defendant.

Question 8

What is a strike out?

Answer 8

Strike out covers cases which do not amount to a legally recognisable claim or defence.

Question 9

What is a default judgement?

Answer 9

Cases where the defendant has failed to respond to the claim.

Question 10

When MUST the court set aside?

Answer 10

If judgement is entered wrongly:
- date for acknowledgement defence not passed 📆
- summary judgement or strike out had been applied for 👨‍⚖️

Question 11

How do you obtain a default judgement for money claims with specified and unspecified sums?

Answer 11

Specified sum - Claimant files a request for judgement. The court will make a judgement for the amount sought, fixed costs and interest accrued to date of judgement.

Unspecified sum - Claimant files a request for judgement. The court will enter judgement for a sum to be decided at a later hearing.

Can be dealt with on paper.

Question 12

How do you obtain a default judgement for non-money claims?

Answer 12

Claimant must apply for a default judgement hearing to be listed at court.

Question 13

When can interest on a specified amount of money be included on a default judgement?

Answer 13

• claim included details of the interest.
• statutory interest is claimed, it is no higher than the rate for judgement debts at the time the claim form was issued.
• request for judgement includes the calculation of interest claimed to the date of judgement.

In any other case, the interest will be decided by the court.

Question 14

Who can ask for a default judgement be set aside and how is it decided?

Answer 14

• On application by the defendant or by the court of its own motion. The purpose if to avoid injustice.
• Normally decided at a hearing unless the claimant agrees to the set aside.

Question 15

What is a summary judgement?

Answer 15

A summary judgement covers cases which are weak on the facts, so the court will consider the merits of the case.

Question 16

When may the court set a default judgment aside?

Answer 16

If the judgement was correctly entered &
- the defendant has a REAL PROSPECT of successfully defending the claim; ⚖️
OR
- the court thinks there is another good reason. 🥳
(the court will consider delay.⏱️)

Question 17

When is the earlier that the D need to respond?

Answer 17

After the PoC has been served (until then, can do nothing)

Question 18

If admitting a claim, when does the D need to send the relevant admission form?

Answer 18

Within 14 days of DDOS of PoC

Question 19

If a specified amount is admitted in part, what does the D need to do in responding?

Answer 19

State amount they admit to
File defence for unadmitted amount

Question 20

If an unspecified amount is admitted to, what does the D need to do in responding?

Answer 20

Can admit to pay whole sum or offer sum in satisfaction
Quantum must be decided

Question 21

Where a D admits to a specified amount, what can they request?

Answer 21

A request for time to pay

Question 22

What is a ‘judgement’?

Answer 22

Final order disposing of the claim
It’s an option for the C, not mandatory
It’s payable within 14 days

Question 23

Where a D wants to defend a claim, when must the defence be filed and served on all parties?

Answer 23

Either:
- Within 14 days of PoC
- Within 28 days of PoC as they filed an AoS first

Question 24

When does a D not need to file a defence?

Answer 24

If C has already filed for summary judgement before defence has been submitted

Question 25

For how long can a D and C agree an extension of time for serving a defence? If they want longer, what should they do?

Answer 25

Up to 28 days (total 56 days) Must apply to court if longer

Question 26

Where D served with claim for a specified amount but they have already paid C, what can they do?

Answer 26

Respond with defence saying 'money paid' Court notifies C and C has to reply within 28 days

Question 27

When must a D file an acknowledgement of service?

Answer 27

Within 14 days of PoC

Question 28

When should an AoS be filed?

Answer 28

If D unable to file defence within 14 days or want to dispute court jurisdiction

Question 29

What are the consequences for the D for not responding to the claim form in time?

Answer 29

C can apply for judgement in default

Question 30

What is the procedure for disputing jurisdiction?

Answer 30

1. D files AoS 2. D applies within 14 days after filing AoS, disputing jurisdiction, supported by evidence

Question 31

What is the difference between strike out, summary judgement and default judgement?

Answer 31

Strike Out: focuses on statements of case Summary Judgement: cases which are weak in facts - court considers merits Default Judgement: is procedural - doesn't look at contents or merits of the case

Question 32

What is a 'Relief from Sanction'?

Answer 32

Application used to set aside a default judgement

Question 33

What is a summary judgement?

Answer 33

A judgement where a case is weak on facts

Question 34

What are the grounds for appealing a Summary Judgement?

Answer 34

if hearing finds a chance **slightly more than fanciful**, court likely to result in a conditional order requiring D set out its case properly within 14 days