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Responding to a claim - Coggle Diagram

- - - - When:
        
        General rule to file acknowledgement of service:
        
        where D is served with claim form stating the particulars are to follow, 14 days after service of particulars of claim; and
        
        in any other case, 14 days after service of claim form (CPR 10.3)
        
        How:
        
        Form to acknowledge service is sent to D in the response pack
        
        Acknowledgement of service form is just a form D confirms their name is correctly stated and give address for service of documents
        
        D will also indicate by ticking appropriate box on the form if they intend to defend all/part of claim, or if they want to contest the jurisdiction of court to deal with the matter
      - Deadline for defence and acknowledging service
        
        Filing extends the time for filing a defence - CPR 15.4:
        
        If D does not file the acknowledgement of service, D must do it within 14 days of the deemed date of service of the particulars of claim
        
        If D does file acknowledgement of service showing intention to defend claim, it extends deadline for serving defence to 28 days after deemed date of service of particulars of claim
        
        After acknowledgement of service:
        
        Once D filed an acknowledgement of service, court will notify C in writing that this has been done (CPR 10.4) and D's solicitors will often notify C/C's solicitors directly too
        
        Parties will now calculate and diarise deadline for filing and service of the defence:
        -D need to ensure that defence is ready and filed by this date (or take further action to extend deadline)
        
        C must be ready to apply for judgement in default if deadline expires and no defence is filed or served
    - - Application to court for extension of time to serve defence:
        
        It's not possible for parties to agree extension of more than 28 days
        
        D must instead apply to court for longer extension to be granted. Similarly if C refuses to agree an extension of up to 28 days per CPR 15.5, D must apply to court for an order to extend time
        
        Court will ensure that the overriding objective is furthered in deciding whether to grant extension of time.
        
        Reasons for extension needed and impact of extra time on the conduct of the claim must be relevant to the court's decision
    - - Rules providing simple procedure to deal with claim in this situation (CPR 15.10):
        
        When court receives this type of defence, it sends notice to C which in effect, asks C whether the defence is correct
        
        C must respond within 28 days and claim is stayed if they do not do so
        
        Whatever their response, C must serve a copy of it to D
        
        If C doesn't wish to continue that is the end of the case
        
        If C wishes to continue (because they don't agree that debt is paid or because e.g. they still wanna recover interest and cost), claim will proceed to defended claim
  - - - Rule 1 Clear days - days on which period begins:
        
        Under CPR, reference to number of days (such as "The general rule is that period for filing a defence is 14 days after service of the particulars of claim") means 'clear days' as per CPR
        
        Day on which a period begins is never included so always count the following day
        
        Example:
        
        "The general rule is that period for filing. defence is 14 days after service of the particulars of claim
        
        When counting the 14 days, don't need to count the day on which the period begins (i.e. the day on which the particulars of claim are served). If particulars of claim are served on Tuesday, "day 1" starts on Wednesday
        
        Work your way backwards from hearing date
      - Rule 2 Clear days - end of period defined by reference to an event:
        
        If end of period is defined by reference to an event (e.g. a hearing/trial) the day on which that event occurs is not included
        
        Example 1:
        
        "Notice of an application must be served at least 3 days before the hearing"
        
        The end of the period of time (3 days) is defined by reference to an event (the hearing). So the day of the hearing would not be included when counting
        
        Example 2:
        
        "The general rule is that the period for filing a defence is 14 days after service of the particulars of claim"
        
        End of period cannot be defined by reference to an event. Instead period of time is defined by event starting on that period - i.e. service of particulars of claim. So the rule on this page does not apply in this example
        
        The beginning of this period the particulars of claim were deemed served
        
        See if period is defined by reference to an event (e.g. a hearing) So the last day does count
        
        See period of time. If period of time is more than 5 days, weekends are counted
      - Rule 3 Clear days - days which do not count:
        
        Where specified period is 5 days or less, any Satudays, Sundays, Bank holidays, Christmas or Good Fridays in the time period do not count
        
        Example:
        
        "Notice of an application must be served at least 3 days before the hearing. The hearing is on Monday 10 January"
        
        When counting back 3 days from Monday, Sunday 8th January and Sunday 9th January doesn't count
      - Rule 4 Deadlines on days on which the office is closed:
        
        The final rule is that;
        
        (a) Where deadline relates to doing any act at the court office (such as filing a document at court); and
        
        (b) Applying the first 3 rules explained, deadline for doing that act ends on a day on which the court office is closed:
        
        Then the act is treated as on time if done on the next day on which the court is open
        
        Example:
        
        "Where C serves particulars of claim, then unless a copy of the particulars has already been filed, C must within 7 days of service on D, file a copy of the particulars"
        
        The particulars served on Monday 23rd August. The deadline for filing a copy at court is therefore Monday 30th August (a bank holiday) and court office is closed. Particulars are treated as having been filed on time if filed on Tuesday 31st August
- - - - Where claim is based on a written agreement, it should be attached (with any general conditions which are incorporated) (19 PD 7.3)
        
        Where claim is based on a oral agreement POC must set out words spoken, by whom, to whom, when and where (16 PD 7.4)
        
        Where claim is based on a agreement by conduct POC must set out conduct relied on and state by whom, when and where the acts were done (16 PD 7.5)
        
        There are detailed rules on inclusion of information relating to past convictions, fraud, illegality, unsoundness of mind (16 PD 8)
        
        Any human rights arguments relied upon/relief sought (16 PD 14) must be included in POC
    - - Exact Calculation:
        
        Only used in practice if C is making a specified claim (i.e. debt or specified damage claim). In pleading interest, must set out:
        
        applicable percentage rate
        
        date from/which interest is being claimed
        
        total amount claimed up to issue of claim for and
        
        daily rate of interest thereafter
        
        Pleading interest generally:
        
        Method used if C is pursuing an unspecified claim (i.e where court has some decision to make on amount of damages as parties don't agree the amount)
        
        loss of goodwill or damage to reputation (can usually only be estimated)
        
        loss of future earnings/profits and
        
        any damages where remoteness, foreseeability and/or mitigation is an issue
        
        e.g. Specified claim:
        
        C also claims interest pursuant to clause 2.3 of contract from the due date of the invoice to today's date at the rate of 8% per annum in the total sum of £701.37)
        
        Particulars of interest:
        
        8% of £100k for the period of 1st Jan 2020 to 1st Feb 2020 inclusive (32 days at the daily rate of £21.92) = £701.92)
        
        e.g. unspecified claim:
        
        C claims interest on the damages referred to in paragraph 12 above pursuant to S.35A Senior Courts Act 1981 at such rate and for such period as the court thinks fit
        
        What happens if the claim is partly specified and partly unspecified?
        
        There's a choice, can treat 2 claims separately to work out interest for specified claim and making a general claim for unspecified claim
        
        Alternatively, can say that 2 claims together come to a total which is an unspecified claim and therefore treat whole claim as an unspecified claim
    - - e.g.
        
        And C claims:
        
        (i) damages under para 13 above; and
        
        (ii) interest under para 14 above