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Next steps
3 possible responses to particulars of claim (using response pack) within 14 days from deemed date of service of particulars
File/serve an admission (CPR 14) Form N9A (specified amount) Form N9C (unspecified amount, non-money, return of goods)
Send to court or directly to C if admitting specified claim in full, within 14 days of deemed date of service of particulars
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Claim admitted in full for a specified claim: debt, court fees, interest, fixed costs known and amount due can be calculated immediately
Specified claim admitted in part: leads to a judgment in part: admit part of debt, interest admitted on part of debt, defence filed for disputing part of debt
D may admit liability to whole claim for unspecified amount (CPR 14.6) or admit liability and offer a sum in satisfaction of the claim (CPR 14.7)
If whole claim admitted and unspecified: following request made by C, court will enter judgment for an amount to be decided later by court and costs. C has right to enter judgment against D for any amount offered in satisfaction, for an amount to be decided later
Entering judgment for a specified sum is an administrative process: C simply files correct paperwork, no hearing
Unless otherwise agreed, judgment payable by D within 14 days (CPR 40.11)
File a defence (CPR 15)
Must be filed at court and served on all parties (CPR 15.6) Must be within 14 days of deemed date of service of particulars of claim (CPR 15.4(1))
Longer deadlines for serving defence applies: CPR 15.4(2) - - Claim form served out of jurisdiction, period depends on country CPR 6.35/36
- Where D makes application disputing court's jurisdiction, D need not file a defence before hearing of that aplication
- Where C files for summary judgment before they file defence, D need not file defence before hearing of that application (CPR 24.4(2)
- Where court makes an order for service of a claim form on an agent of a principal who is overseas, court will specify the period (CPR 6.12)
D and C can extend time to serve a defence if agreed by both (28 day extension) (CPR 15.5) this means D can have up to 56 days from deemed date of service of particulars (providing they also file acknowledgment of service) Court must be notified in writing
If C refuses to agree the extension, D will need to apply to court. If they need more than 28 days, they will need to apply to court for an extension
Money paid before receiving claim defence (debt claim):CPR 15.10
- when D applies for this, court notifies C, asking if this is correct
- C must respond within 28 days and the claim is stayed if they do not do so
- C must serve a copy of their response to D
- If C does not wish to continue this is the end of the case, If C does want to continue, it proceeds as a defended claim
File an acknowledgment of service (N9 form) (CPR 10) done if D unable to file defence in time period or wishes to dispute court jurisdiction (CPR 10.1) (common to need more time)
Time limit: where particulars followed after claim form, 14 days after service of the claim form, in any other case, 14 days after service of claim form CPR 10.3
N9 form includes: confirm name is correct and give address for service, D ticks a box to indicate if they plan to defend whole or part of claim, or jurisdiction
Effect: Extends time limit for filing a defence (CPR 15.4). Extends deadline for serving defence to 28 days after deemed date of service of particulars of claim
Court will notify claimant in writing that this has been done (CPR 10.4). If deadline expires, C can apply for judgment in default
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Counting time (CPR 2.8)
Clear days
Any reference to days never includes the day the period begins, this will be 'day zero' eg. 14 days after deemed date of service, deemed date of service is day zero
If the end of period is defined by reference to an event, the day which the event occurs is not included. eg. notice of an application must be served at least 3 days before the hearing. The day of the hearing would not be included when counting. If it does not reference end of period to an event, this rule will not apply
Days which do not count: when specified period is 5/less days, weekends, bank hols, christmas or good friday does not count
Deadlines when the office is closed: a) where deadline relates to doing any act at the court office (such as filing doc) and b) applying the other rules, this day falls on a day the court office is closed, the act is treated as on time if done the next day the court office is open
Notes for me: when counting back, the last day is not included. eg. 3 calendar days before wednesday (tuesday, monday, friday, will have to be done the day before to be 'at least 3 days before') beginning of period never counts- sometimes work backwards
Note for example:
particulars of claim served friday 5th feb, D must file acknowledgment for service/defence within 14 days of this date. beginning does not count (5th) , include weekends as more than 5 days, end of period not referenced by an event, so does count, (19 feb is last day it can be filed)
Default judgment
Applying for judgment to be granted in C's favour if D not responded with acknowledgement of service or defence before deadline (CPR 12.1)
Default judgment cannot be obtained (CPR 21.2) claims for delivery of goods subject to agreement regulated by Consumer Credit Act 1974, Part 8 Claims, other claims where PD states this
Conditions to satisfy (CPR 12.3) date judgment entered, time as expired, claim has not been admitted or satisfied by D, application for summary judgment or strike out has not been made by D
Strike out
Court has power to strike out a statement of case (CPR 3.4). Covers cases which do not amount to legally recognisable claims/defences.
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Procedure to obtain default judgment: Money claims (specified) C files request for judgment on specified form and application will be dealt with on paper. Court makes judgment for amount, fixed costs, interest to the date of judgment. Money claims (unspecified) C files request for judgment on specified form and application dealt with on paper, court enters a judgment for sum to be decided by the court and sets a timetable leading up to a hearing. Non money claims- cannot be decided on paper, C must apply for a default judgment hearing to be listed at which the court will hear from C as to why this should be granted, court then gives judgment considered appropriate
Interest: default judgment for specified amount may include interest (CPR 12.7) provided: particulars of claim include details of interest (CPR 16.4), where statutory interest claimed, rate is no higher than rate of interest payable on judgment debts at date claim form was issued and C's request for judgment includes calculation of interest claimed up to date
Can get default judgment for one D and proceed with other D if can be dealt with separately CPR 12.9) if one D out of two is liable and they do not know which is which, cannot proceed against just one
default can be set aside by application by D or by court own motion CPR 13.2 or CPR 13.3 (usually will need a hearing)
Where court MUST set aside judgment: CPR 13.2 judgment wrongly entered:
- time limit not expired, acknowledgement of service/defence had been filed, summary judgment or strike out had been applied for before judgment entered, D had satisfied whole claim before judgment entered/admitted claim or required time to pay
Where court MAY set aside judgment: CPR 13.3 judgment correctly entered:
- D has real prospect of successfully defending the claim, some other good reason (C tricked D into thinking claim was not proceeding, C failed to serve response pack, claim raises issues which should be heard for public interest)
Court should take into account how promptly D made application to set aside 9CPR 13.3(2). Court can put conditions of having set aside