#10339 - Responding To A Claim Defended And Admitted Claims - BPC Civil Litigation

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 within time for filing DQs

2. include statement of truth

• if D has made counterclaim

  • C must serve defence

  • combined defence and reply = 'reply and defence to counterclaim'

D DISPUTES COURT'S JURISDICTION

• dispute either court's:

1. territorial jurisdiction; OR

2. authority to try claim

   • irregular service

   • D disputes order extending validity period of claim form

   • expiry of limitation (procedural defence)

   • application to stay under AA 1996

• procedure

1. within 14 days of AoS, D issues application notice seeking order (court may extend time)

2. if jurisdiction disputed, no need to serve defence till determined

3. has D tacitly submitted to the jurisdiction? If Y, application fails.

   1. application made within 14 days - only if unequivocally submits to jurisdiction

   2. application made outside 14 days, submitted if instruct solicitor to accept service OR contest the merits

4. is D's conduct consistent with objecting to jurisdiction of court?

5. if application succeeds court can:

   1. set aside claim form

   2. set aside service

   3. discharge prior orders

   4. stay claim

6. if application fails, D has 14 days from hearing to file second AoS and claim proceeds as normal

AUTOMATIC TRANSFER OF DESIGNATED MONEY CLAIMS

• undefended claims - transferred to C's preferred coco (specified in claim form)

• defended claims - stay in Northampton till parties file DQ OR stay to attempt ADR expired then transfer to D's home coco / that specified in DQ