Responding To A Claim Defended And Admitted Claims Notes

RESPONDING TO A CLAIM - DEFENDED AND ADMITTED CLAIMS

• defended claims track allocation

• undefended claims default judgment

GENERAL RULE: TIME WITHIN WHICH D MUST RESPOND

• D has 14 days from service of PoC to:

1. file OR serve an admission; OR

2. file a defence (+ counterclaim); OR

3. file an AoS

D ADMITS CLAIM

• complete admission form in response pack - admit whole OR part of claim

D admits whole claim

• D able to pay

  • if pays whole within 14 days of service of claim form, only liable for fixed costs

• D needs time to pay

1. offer on admissions form to pay by instalments + complete Qs on financial circumstances

2. C accepts offer + notifies court judgment entered in line with offer

3. C refuses offer court decides rate of payment

D admits part of claim

• file defence for denied part AND admission form for admission (procedure for admitting whole claim)

D DISPUTES CLAIM

Acknowledgment of service

• = tear off lower 2/3 of cover sheet on response pack

• use to extend time for serving defence if D:

1. unable to file defence in time; OR

2. disputing court's jurisdiction

• procedure

  • if an individual, D must state DoB

  • D must:

    • provide address for service in jurisdiction

    • tick box indicating: whole contested / part contested / court's jurisdiction contested

    • sign, date return to court

  • >2 Ds acting through same solicitors need only file 1 acknowledgment

  • once filed, court must notify C in writing

Defence

• D must file a defence, using either:

1. defence + counterclaim form in response pack; OR

2. ordinary paper

• must:

1. file at court; AND

2. serve on all other parties:

   1. no AoS - within 14 days of service

   2. AoS - within 28 days of service

   3. if parties agree extension - max further 28 days (D must notify court in writing)

   4. any further extension - need court's permission

• must include statement of truth

• if >2 Ds serve identical defences, must use same solicitors and counsel

• answering PoC

  • D must state from personal knowledge:

1. allegations D denies (+ reasons + alternative version)

2. allegations D admits

3. allegations D unable to admit or deny, but requires C to prove

   • if D fails to admit / deny / PTP - assumed to admit

   • must also set out:

1. any defences, each in separate paragraph

2. mitigation

3. limitation

4. reduction of damages

5. if D is an individual, DOB

Counterclaim

• = claim against D in current proceedings (alternative = bring separate proceedings)

• parties must sue and be sued in same capacity as main claim (subject matter can be different)

• court may strike out (if lack of mutuality between claim and counterclaim) OR order separate trial

• must:

1. include statement of truth

2. comply with rules for PoCs, including issue fee, claim form

3. serve copy of additional claim form on all parties with defence + counterclaim

• permission

  • if file defence + counterclaim - NOT needed

  • if file separate counterclaim - need permission

C's reply to defence and counterclaim

• C may make admissions AND assert affirmative case in answer to defence

• allegations must be consistent with PoC

• must

1. file...

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