Full and in-depth structure and notes on everything related to the defendant in civil proceedings. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. C...
Options for the defendant upon being served with the claim form and PoC and response pack:
1. File an acknowledgement of service (and then defence)
2. File a defence (without filing acknowledgement)
3. File an admission (part or whole)
4. Do nothing – never an advisable option – not in best interest of client (P7) + C could enter default judgement.
File acknowledgement of service:
If D is simply acknowledging service/unable to file their defence in time = D should make sure to file their acknowledgement
within the specified time.
Under r10.2, if D fails to acknowledge service within the period specified at r10.3 and does not file a defence within that
period in accordance with part 15 or file an admission in accordance with part 14 = the claimant can obtain default
judgement (Part 12).
D will have to file the acknowledgement within 14 days of being served with the PoC/claim form.
So: if served with claim form and PoC’s are ‘to follow’ – D has 14 days from when the PoC’s are served.
If claim and PoC are served at the same time – D has 14 days from the claim form (and PoC) being served.
Content of acknowledgement:
Full name / full address for service / intention to defend all or part of the claim
DEFAULT JUDGEMENT:
If D fails to file an acknowledgement (or defence) = DJ The defendant can then go on to file their defence
When C can enter default judgement = on the 15th day of
either Poc or claim form being deemed served.
See individual structure for DJ
THE DEFENCE: (D can file their defence straight away or file their acknowledgement and then file a defence)
D must file their defence either (r15.4)
a. 14 days after being served the PoC, or
b. If D has filed an acknowledgement of service, then 28 days after the service of the PoC.
NOTW: The day D is served does not count as one of the 14 days.
EXAMPLE:
June 1 2 3 4 5 6 7
D is served with a claim
form + PoC
8 9 10 11 12 13 14
15 16 17 18 19 20 21
D must file defence OR C can enter default
file an judgement if D has not
acknowledgement of filed defence/filed AoS.
service
22 23 24 25 26 27 28
29 30 1 2 3 4 5
If D filed Aos on time –
this is last day to file
defence (28 days)
, STEPS FOR D TO TAKE & DEFAULT JUDGEMENT
Extending the time limit for filing:
The time for filing a defence can be extended by:
Agreement between the parties – up to an extra 28 days – notifying the court – r15.5
Application to the court.
Application to the court for extension:
May allow extension so long as D has complied with PD-PACP
Will only be a short extension
Will be at D’s expense
If C has not complied with PD-PACP = court more willing to grant extension
If C unreasonably did not agree to an extension of time = court more likely to grant extension at C’s cost.
What form should be used:
Specified claim = N9B
Unspecified claim = N9C.
ADMISSIONS:
Full admissions – specified claims:
D serves Form N9A on C within 14 days of the service of the PoC.
On the form:
D will give certain personal details
Details of their income and expenditure
Make an offer to C (monthly instalments/when they can pay by…)
THEN…
C accepts D’s offer C can file for judgement
C does not accept D’s offer C files for judgement and the court will determine the right Order.
o If the claim is for less £50,000 a court officer can determine the rate of payment
o Otherwise, a judge will determine payment proceedings begin.
THEN…
At the hearing, a judge will determine to payment issues and consider: D’s statement of means / C’s objections to
D’s offer / other relevant factors.
Part admissions – specified claim:
D admits only part of the claim – must file Form N9A within 14 days of being served with the PoC.
THEN…
C will get notice of the admissions and can either:
1. Accept the offer in full satisfaction of the claim – and C will request judgement
2. Accept the offer but not D’s payment proposals
3. Reject the offer and wish to proceed with the claim
C has 14 days to file their response on D.
If the defendant has not requested time to pay, the claimant’s request can stipulate the time for payment and the court will
enter judgment accordingly.
If the defendant has requested time to pay, C can accept this/judge can determine
Admissions but with no offer made – unspecified:
D admits – and has 14 days from being served with PoC to file admissions - but makes no offer of payment t
Court will serve a copy of the admission C - who may then apply for judgment.
The court will then enter judgment for the damages to be assessed. The hearing will be a ‘disposal hearing’.
Admission but with an offer made – unspecified:
D admits – has 14 days from being served with PoC to file admission.
The court will serve a notice on the claimant – to state whether they accept the amount.
If C does not accept the amount offered - they will enter judgment for damages to be assessed at a disposal hearing.
If C accepts the offer and the defendant has not asked for time to pay, the claimant may enter judgment for the amount
offered and will stipulate when payment should be made. If the defendant has asked for time to pay the usual procedure
applies
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