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Acknowledgement of Service, Defence, Default and Summary Judgement,…
Acknowledgement of Service, Defence, Default and Summary Judgement, Interim Applications, Costs
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The Defence
When to file
Instead of acknowledgement, D files a defence within 14 days of the date of the deemed service of the Particulars of Claims CPR 15.4
Or if filed acknowledgement, then D files a defence within 28 days of the date of deemed service and the Particulars of Claims CPR 15.4
Or D agrees with C an extra 28 days giving a possible total of 56 to the file defence, again counting from the date of deemed service of the Particulars of Claim CPR 15.5
The defence in response to each allegation in the Particulars of Claim should either admit the allegation, deny it or neither Amit or deny it. If anything is being denied then the defendant may also state reasons for the denial and state their version of events if they intend to put forward different versions of events from C's
Default Judgement - this is a procedural judgement i.e. C wins the case without a hearing because D failed to follow the procedural time limits for filing a defence
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The request would mean to ask the court to order that C has won the case because D has defaulted procedurally so there is no need to proceed to trial
HOW TO DO IT
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File a Certificate of Service at Court within 21 days of service - if C served proceedings rather than court so as to certify you've actually served the claim form etc- CPR 6.17
following this- the court will then issue a judgement for claimant (in default) order- without a hearing
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Summary judgement - is a substantive judgement- i.e. C or D wins the case after a hearing because their opponents case if judged to be without sufficient merit
CPR 24.4 The claimant cannot apply for summary judgement before the defendant has served either an Acknowledgement of Service or a Defence
However, the defendant cannot apply for summary judgement before C has served particulars of claim
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Costs order
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WHAT ARE COSTS - solicitors fees such as barristers fees, expert fees and court fees (CPR 44.1)
General rule is that loser pays winners costs but the court has the discretion to depart from this rule- CPR 44.2 (2)
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Whether the party has succeeded on part of the claim, even if not wholly successful
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