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Statements of Case acknowledgement of service, defence, reply to defence)
RESPONDING TO A CLAIM
When a PoC Is served on a D, the D may:
1. File or serve an Admission (admits the claim)
2. File a defence [[NB: he can both admission and defence, if admits only part of the claim]]
3. File Acknowledge of service [[part 10]]
4. Or Simply pay the damages claimed in full (with interest and costs)
CPR Part 10, Acknowledgement of Service (A/S)???
Where C uses Part 8 procedure: this Part applies subject to modifications in r8.3.
10.1, Acknowledgment of Service (A/S):
o A D may file an A/S IF:
o (a) he is unable to file a defence within period specified in r15.4; OR
o (b) he wishes to dispute the court's jurisdiction [see Part 11]].
EFFECT: of filing an A/S
o period to serve defence is extended to 28 days after service of PoC, r15.4]].
o OR D then has 14 days to make application to dispute court's jurisdiction under Part 11
10.2, Consequence of not filing an A/S:
o If D fails to file an A/S within time period (r10.3);
o AND does not within that period file a defence (in accordance with Part 15)
or serve or file an admission (Part 14)
o ? THE C may obtain DEFAULT JUDGMENT if part 12 allows it.
10.3, The time Period for filing an A/S: general rule:
o (a) where D is served with a claim form which states that PoC is to follow : 14 days after service of PoC (where PoC served later than claim form);
o (b) In any other case [[where PoC is served with or in claim form]], 14 days after service of claim form.
General rule re timing subject to following rules:
o (a) r6.35 (where claim form served out of jurisdiction)
o (b) r6.12(3) (court specifies period for responding to PoC);
o (c) r6.37(5) (courts specifies period for A/S by reference to PD 6B re giving permission to serve claim form out of jurisdiction.
CPR Part 15, Defence & Reply [[+ PD 15, paras 1-3, integrated]]
NB: time limits for filing A/S and defence compared:
-time limit for filing Defence always runs from date of service of PoC (14 days,
extended to 28 if an A/S has been served);
-CF time limit for filing A/S (14 days) runs from date of serve of claim form if PoC
served at same time as claim form; if not (if PoC is served later than claim form),
runs from date of service of PoC]] DEFENCE
-15.1: this Part does not apply where C uses Part 8 alternative procedure [[repeated in PD 15, no Defences in Part 8]].
-PD 1.2: re specialist proceedings (CPR Part 49): special provisions for defence & reply are made, Part 15 provisions only apply to extent are not inconsistent.
-15.2: a D who wishes to defend all/part of a claim ? MUST file a DEFENCE. [[see
Part 14 where D admits a claim]]
-15.3, CONSEQUENCE of NOT filing a defence within time period (or within extended time period if A/S served): ? C may obtain default judgment if Part 12 allows it.
-15.4, PERIOD for filing a defence:
o 14 days after service of PoC;
o OR, if D files an A/S under Part 10 ? 28 days after service of PoC.
o General rule subject to:
-(a) r6.35 (where claim form served out of jurisdiction)
-(b) rule 11 (where D makes an application disputing the court's jurisdiction, D need not file a defence before the hearing)
-(c) rule 24.4(2) (if C applies for summary judgment before D has filed defence, D need not file defence before that summary hearing)
-(d) r6.12(3) (court specifies period for responding to PoC);
o [15.5]: Parties can AGREE to extend period [in 15.4] for filing defence, by up to 28 days:
-? if such an agreement is made, D must NOTIFY THE COURT in writing of this agreement.
-15.6, Service of a copy of defence: a copy of defence must be served on every other party.
-PD, 1.3: Form N9B (specified amount) or N9D (unspecified amount or non-money claims) may be used for purpose of defence, and is included in the response pack served on D with particulars of claim.
-STATEMENT OF TRUTH (PD 15, para 2 & PD 16 para 11): Part 22 requires a defence to be verified by statement of truth.
o Form of statement: "[I believe] [ the defendant believes] that the facts stated in this defence are true".
o See rule 32.14 re consequences of verifying a statement of case containing a false statement without an honest belief in its truth ? contempt of court]].
-15.7, Making a counterclaim: Part 20 applies if D wishes to make counterclaim.
o [PD 15 3.1], Where a D serves a counterclaim (under Part 20) ? the defence and counterclaim should normally form one document with counterclaim following on from the defence.
o PD 3.2: Where C serves a reply and a defence to the counterclaim ? the reply & defence to counterclaim should normally form one document.
REPLY to defence (optional)
-15.8: a reply is optional.
-If C files a reply to defence, C must:
o (a) file the reply with a directions questionnaire; and
-PD 15, 3.2A, re a reply by C to a counterclaim: where the date by which C must file his directions questionnaire is later than date by
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