Summary Criminal Litigation UNIT 9 + 10 - Amendments, Addition of Parties, and Additional Claims
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Course
BPC
Institution
BPC
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8. Defences, Default Judgement, and Relief from Sanctions
Includes:
- Acknowledgement of Service (CPR 10)
- Default Judgements (CPR 12-13)
- Defence and Reply (CPR 15)
- Statements of Case (CPR 16)
- Denton v TH White Ltd (2014) (CPR 3.9)
Acknowledgement of Service (CPR 10)
10.1 A defendant must file an acknowledgement of service if:
(a) They are unable to file their defence within period within 14 days after the
service of Particulars of Claim; or
(b) They wish to dispute the court’s jurisdiction.**
- 10.3 The acknowledgement itself must be served within the 14 day window, after
receipt of particulars of claim form with particulars to follow.
Upon filing of acknowledgement, the window to serve defence is then extended to 28
days from service of particulars of claim.
- ‘File’ refers to delivery to the court office via post other means.
Once the acknowledgement is filed with the court, the claimant is notified by the court.
If a defendant is able to file their defence within the 15.4 periods, no acknowledgement of
service is required.
**Disputing a court’s jurisdiction is under Part 11, if this is the case the defendant does not
file a defence as this would be submitting to the court’s authority.
10.2 Consequences of not filing an acknowledgement of service
If:
(a) A defendant fails to file an acknowledgement of service within the
period specified in 10.3; and
(b) Does not, within that period, file a defence in accordance with Part
15 or serve or file an admission in accordance with Part 14;
The claimant may obtain a default judgement if Part 12 allows it.
- This is subject to providing good reason.
Default Judgement (CPR 12)
, 12.1 A default judgement is where a judgement is passed without trial, where the
defendant has:
(a) Failed to file an acknowledgement of service; or
(b) Has failed an acknowledgement of service but has then failed to file a
defence,
And the relevant time for doing so has expired.
Even if the above is satisfied, the judgement may not be obtained if:
(a) The Defendant has applied to have the claimant’s statement of case struck
out or applied for summary judgement;
(b) The defendant has satisfied the whole claim or has made an admission with a
request for time to pay.
The exceptional cases where a default judgement is not allowed at all is:
(a) On a claim for the delivery of goods where no alternative is presented;
(b) Part 8 proceedings; or
(c) If a PD specifies so.
12.4 The procedure for obtaining a default judgement starts with the filing of a
request with the relevant form in cases of:
(a) A specified amount of money;
The claimant may specifically request the date of payment in full or
instalments with costs and interest to the date of judgement.
(b) An amount of money TBD by the court;
(c) Delivery of goods where the defendant is given the alternative of paying
their value.
The claimant may specify whether they wish for the goods to be delivered or
pay their value, which is determined by the court, with costs.
Against several defendants
12.9 A claimant may obtain a default judgement against a specific defendant and
continue their claim against the others.
- The court will then choose to either deal with the application separately or
dela with the application along with the proceedings against the other
defendants.
Against protected parties and family.
12.11 The claimant will have to make an application in accordance with Part 23 if the
claim is one against a child or protected party or founded in tort against a spouse/
civil partner.
Setting Aside or Varying Default Judgement (CPR 13)
13.2 The court must set aside a judgement entered under Part 12 if the judgement was wrongly
entered because:
(a) The acknowledgement of service was filed;
(b) The Defence or a document intended to be a defence was served.
(c) The whole of the claim was satisfied before judgement was entered.
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