Summary
Summary Civil Litigation - Statements of Case Notes
Civil Litigation Syllabus Notes on Statements of Case, used in conjunction with the White Book from BPTC 2019/2020.
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SYLLABUS 6 STATEMENTS OF CASE Claim forms and particulars of claim
Acknowledgement of service, defences, replies, counterclaims
The effect of not responding to an allegation in a statement of case
CPR- Part 10
10.1 Acknowledgment of service
Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims)
this Part applies subject to the modifications set out in rule 8.3.
A D may file an acknowledgment of service if— (a) he is unable to file a defence within the
period specified in 15.4 (b) he wishes to dispute the court’s jurisdiction.
10.2 Consequence of not filing an acknowledgment of service
If— (a) a defendant fails to file an AOS within the period specified in rule 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 DJ if Part 12 allows it.
10.3 The period for filing an acknowledgment of service
The general rule is that the period for filing an AOS is—(a) where the D is served with a CF
which states that particulars of claim are to follow, 14 days after service of the particulars of
claim; and (b) in any other case, 14 days after service of the CF.
The general rule is subject to the following rules—
(a) r6.35 (specifies how the period for filing an AOS is calculated where the CF is served
out of the jurisdiction under rule 6.32 or 6.33);
(b) r6.12(3) (requires the court to specify the period for responding to the particulars of
claim when it makes an order under that rule); and
(c) r6.37(5) (requires the court to specify the period within which D may file an AOS
calculated by reference to PD 6B when it makes an order giving permission to serve a
CF out of the jurisdiction).
CPR – Part 15
15.1 Part not to apply where claimant uses Part 8 procedure: This Part does not apply
where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
15.2 Filing a defence
A D who wishes to defend all or part of a claim must file a defence.
15.3 Consequence of not filing a defence
If a D fails to file a defence, the claimant may obtain DJ if Part 12 allows it.
15.4 The period for filing a defence
The general rule is— (a) 14 days after service of the particulars of claim; or (b) if the D files
an AOS (Part 10) 28 days after service of the particulars of claim.
, SYLLABUS 6 STATEMENTS OF CASE
(r7.4 provides for the POC to be contained in or served with the CF or served within 14 days
of service of the CF).
The general rule is subject to the following rules—
(a) r6.35 (specifies how the period for filing a defence is calculated where the CF is served
out of the jurisdiction under r6.32 or 6.33);
(b) r11 (provides where the D makes an application disputing the court’s jurisdiction, the
defendant need not file a defence before the hearing);
(c) r24.4(2) (provides, if the C applies for SJ before the D has filed a defence, the
defendant need not file a defence before the SJ hearing); and
(d) r 6.12(3) (requires the court to specify the period for responding to the particulars of
claim when it makes an order under that rule).
15.5 Agreement extending the period for filing a defence: The D and the C may agree
that the period for filing a defence in r15.4 shall be extended by up to 28 days. Where they
agree to extend, the D must notify the court in writing.
15.6 Service of copy of defence: A copy of the defence must be served on every other
party.
15.7 Making a counterclaim: Part 20 applies to a D who wishes to make a counterclaim.
15.8 Reply to defence
If a C files a reply to the defence, the C must— (a) file the reply with a directions
questionnaire; and (b) serve his reply on the other parties at the same time as it is filed.
(A reply to be verified by a statement of truth (Part 20)).
15.9 No statement of case after a reply to be filed without court’s permission
A party may not file or serve any statement of case after a reply without the permission of
the court.
15.10 Claimant’s notice where defence is that money claimed has been paid
Where— (a) the only claim (apart from a claim for costs and interest) is for a specified
amount of money; and (b) the D states in his defence that he has paid to the C the amount
claimed, he court will send notice to the C requiring him to state in writing whether he
wishes the proceedings to continue. When C responds, he must serve a copy of his
response on the D. (If C files notice under this rule that he wishes the proceedings to
continue, the procedure which then follows is set out in Part 26.)
If the C fails to respond under this rule within 28 days after service of the court’s notice on
him the claim shall be stayed. Where the claim is stayed, any party may apply for the stay to
be lifted.
15.11 Claim stayed if it is not defended or admitted
Where— (a) at least 6 months have expired since the end of the period for filing a defence
specified in rule 15.4; (b) no D has served or filed an admission or filed a defence or
counterclaim; and (c) the claimant has not entered or applied for DJ (Part 12) or SJ (Part 14)
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