DR - responding timing

Question 1

What steps could a defendant take in response to a claim?

Answer 1

• File an acknowledgement of service (CPR 10) 👀
• File or serve an admission (CPR 14) 😢
• File a defence (CPR 15) 🤺

Question 2

What are the time limits for acknowledging service?

Answer 2

• where the claim form states that particulars are to follow, then 14 days after service of the particulars of claim
• in any other case, 14 clear days after service of claim form

Question 3

What is included in an acknowledgement

Answer 3

• confirm name is correctly stated 🍸
• give address for service of documents 💌
• Indicate whether they intend to defend all or part of the claim, or 🤺
• whether they intend to contest that the court has jurisdiction 🌍

Question 4

How long is the extension provided by an acknowledgement?

Answer 4

• if no acknowledgement filed, deadline for filing defence is 14 clear days from the deemed date of the service of the PARTICULARS OF CLAIM.
• acknowledgement extends deadline to 28 days after the deemed date of service of the PARTICULARS OF CLAIM

Question 5

Who must a defence be filed on?

Answer 5

defence must be filed at court and filed on all parties.

Question 6

When might a longer period for filing a defence apply?

Answer 6

• where the claim is filed outside of the jurisdiction
• Where an application is made disputing the court’s jurisdiction (in which case a defence need not be made until after the hearing of that application)
• Where a cliamant applies for a summary judgement before the defence is filed (in which case a defence need not be made until after the hearing of that application)
• where the court makes an order for service of a claim form on an agent of a principle who is overseas (in which case the court will specify the period).

Question 7

What if a further extension is required after the 56 days max or the defence refuses an extension and what will be considered?

Answer 7

• defendant will need to apply to the court. The court will consider the reasons for the extension and the impact on the conduct of the claim.

Question 8

What if the claim is for money which has already been paid?

Answer 8

• court asks claimant whether this is correct? 👍
• claimant must respond in 28 clear days (claim is stayed if they do not do so) providing a copy to the defendant.
• if claimant does not wish to continue, that is the end.
• if claimant wishes to continue the claim will proceed as a defended claim.

Question 9

What is the deadline if the defendant wishes to admit the specified claim?

Answer 9

• 14 clear days of deemed service of the particulars of claim
• They will note whether they are admitting the whole claim, or part of the claim
• Where the claim is for a specified sum, the claimant can enter judgement against the defendant for admitted sum unless they are a child or protected person.

Question 10

What happens if the defendant only admits part of the claim?

Answer 10

• state the amount admitted 💵
• balance remains in dispute
• defendant will need to file a defence for that part in dispute. 🤺

Question 11

What if the claimant wants to admit a claim for an unspecified claim?

Answer 11

• accept liability and offer a sum in satisfaction. Claimant can enter judgement against the defendant for any amount offered in satisfaction (unless a child or protected party)
  OR
• admit liability to the whole claim for an unspecified sum and the claimant will request the court to enter a judgement with an amount (including costs) to be decided later

Question 12

How can the defence be delayed beyond an initial 28 days and for how long can it be delayed?

Answer 12

• the defendant and claimant can agree a further extension of up to 28 days (56 clear days in total from the deemed date of service of particulars). Court must be notified in writing of this.
• if other side disagrees can apply to court

Question 13

Is the date for filing the defence based on the service of the claim form, or the service of the particulars of claim?

Answer 13

Deemed Date of Service of the particulars of claim.

Question 14

What costs are included in a jugement?

Answer 14

• amount of claim
• interest since the date of issue
• court fees
• fixed costs

Question 15

When is a judgement payable by the defendant?

Answer 15

14 clear days

Question 16

What if the defendant asks for time to pay and the claimant rejects?

Answer 16

The court will decide the rate of payment of the outstanding amount