Chapter 4: Responding to a Claim

Once the D has been served with both ____________ and the ____________ D must react within ____ days.
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Once the D has been served with both ____________ and the ____________ D must react within ____ days.
the claim form and the particulars of claim, 14,
What are the three available responses by the defendant to a claim?
file an admission, file an acknowledgment of service, or file a defence.
For specified claims, if C rejects D's payment terms, ____ will decide the appropriate rate for payment usually in the absence of a ____________.
the judge, court hearing
If D only admits part of the claim for specified amount, C has ___ days to consider offers and decide on next course of action.
14
Where D admits liability for unspecified amount and offers a sum of money, the court will serve notice on C asking whether _________.
If either C _____________ or D __________ , C will enter judgment for damages to be assessed at a _____________.
they accept the figure, does not accept offer, makes no offer, disposal hearing.
Once defence has been filed, copy must be served on ___________.
The _____ is responsible for this unless D's solicitor has indicated otherwise.
all other parties, court
On occasion, the deadline for defence may be extended by a max. of ___ days with _________________.
28, agreement from other parties.
What is a default judgment?
C obtains a judgment without there being any consideration of the facts involved should D take no action at all.
What are the procedural requirements for a default judgment?
Particulars of claim have been served upon the D and D has not filed ack. of service nor defence within relevant time period.
When can C file application for a default judgment, given that D has given no response?
15th day after service of particulars of claim.
Default judgment for specified sums: What three pieces of information must C indicate?date payment was due up to date total for interest claimed state daily rate at which interest accruesOnce final judgment for default judgment (specified sums) has been entered, payment will usually be required in ____ days.14Default judgments for unspecified sums: Court will grant C's request for default judgment but ______________ to decide amount of damages payable (= ________ )the case will need to come back before the court, disposal hearingHow are applications for default judgments for claims that include both specified and unspecified amounts treated?They are treated as unspecified. Default judgment would have been entered on liability with damages to be decided by court at a later date at a disposal hearing.What are the two grounds for setting aside default judgments under CPR part 13? Explain the two grounds.Mandatory and discretionary. Mandatory ground: Court is obliged to set it aside if it was wrongly entered: entered too early before time for filing ack. of service or defence expired claim has laready been paid in full. Discretionary ground: D has real prospect of successfully defending the claim some other good reason why D should be allowed to defend the claim (✅ - D was ill, away on holliday so could not respond ❌- Pressures of work or documents misplaced)What are the 3 possible orders a judge can make in response to an application for setting aside a default judgment?Judgment set aside allowing D to continue to defend the action, C wins and judgment remains in place for enforcement, conditional order is made (judgment is set aisde on condition D pays monies into court (e.g amount of claim)).What are the three formalities for a consent order?include terms agreed between parties, expressed as being 'By Consent', signed by legal repsWhat is the effect of a consent order?Claim comes to an end if D pays agreed monies by stated deadline. Otherwise, interests will start to run and C can take enforcement action.What does it mean for a claim to be 'stayed'?Claim will be 'stayed' meaning proceedings will be 'paused' until agreement is put into effect- C can return to court should the D fail to meet his commitments.What is a Tomlin order?Stays the claim on agreed terms that are set out either in a schedule to the order or separately. Terms that parties wish to keep confidential or that court does not have power to order must be set out in a schedule to the Tomlin order or in a separate document.If D wishes to dispute the jurisdiction of the court, this must be stated on the ____. D then has ___ days after filing _______ to make a challenge, failing which they will be treated as having ______. If court refuses the application, original _______________ and D must file _______.acknowledgement or service. 14, ackn. of service, submitted to the jurisdiction, ackn. of service ceases to have effect, further ackn. of service within 14 days.