Responding to the Claim (Including Obtaining Judgment in Default or on an Admission)

AuthorPatricia Pearl/Tim Parker
Pages53-69

Chapter 3


Responding to the Claim (Including Obtaining Judgment in Default or on an Admission)

3.1 INTRODUCTION

This chapter covers the first steps to be taken by the defendant: acknowledgment, defence, counterclaim and admission. It also deals with obtaining a judgment on paper if the defendant does nothing (‘judgment in default’), and the short hearing (a ‘disposal hearing’) which may then follow.

The new OCMC system (see paragraph 2.2.2) operates differently in some respects, although the essentials are similar. Because the OCMC site itself guides you through the steps you need to take, we concentrate on the rules for non-OCMC cases and add a note at the end of some sections to highlight important differences.

If the case began under the Road Traffic Accident Small Claims Protocol, refer to Chapter 13.

Basics

• The defendant must respond to the claim by acknowledgment, admission or defence within 14 days

• The defendant must give reasons for defending the claim
• Any counterclaim should be set out at the same time as the defence

• The claimant can enter judgment on certain types of admissions
• The claimant can enter judgment if the defendant does not respond to the claim

• If judgment is obtained on paper but the claim was for an unspecified amount, there is usually a short ‘disposal hearing’ to decide how much the defendant should pay

54 Small Claims Procedure in the County Court

The court sends the defendant a ‘response pack’, which includes notes and guidance on how to proceed.

The response pack contains:

• the claim form and the particulars of claim plus ‘notes for the defendant on replying to the claim form’;

• an acknowledgment of service form;
• an admission form (there are different types, depending on whether the claim is for a specified amount or not); and

• a form for a defence and counterclaim.

Where a claim has been issued online the response can be made online.

Reminder

The matters discussed in this chapter cover the mechanics of the case. The defendant’s case must be carefully evaluated before a defence is prepared (see paragraphs 1.3.1 and 1.3.2). The defendant should be concerned about the viability, including the cost effectiveness, of fighting the case, and should give careful thought to using mediation (see paragraph 1.3.3 and Chapter 7)

3.2 TIME FOR RESPONSE

The defendant’s response can be an acknowledgment of service, an admission, a defence, or a defence and counterclaim. In default of any response the claimant is entitled to judgment in default (see paragraph 3.9).

Unless the claimant has used OCMC (as to which see the final paragraph of this section), the time for responding does not start to run until the particulars of claim have been served.1If the claim form states that the particulars of claim are ‘to follow’ there is no need to deliver the response to the court until 14 days after those particulars have been received (CPR 10.3(1)(a) and 15.4(1)(a)).

The first thing that the defendant should do on receipt of the papers is to work out the date of service,2and make a diary note of the last date for responding. If the

1CPR 10.3 and 15.4. Confusingly, the date of ‘service’ may be a date after the documents were received – this is explained at paragraph 5.6.3.

2See paragraph 5.6.3.

response is to be posted, make sure that time is allowed for postal delays: it must be received by the court before the 14 days expire.

See the table at paragraph 5.6.3 for the deemed date of service relative to the method of service used

If the court receives an acknowledgment of service, the defendant gains a further 14 days in which to deliver a defence. The defendant may ask the claimant to extend the deadline, but only up to 42 days in total – that is, by another 28 days beyond the usual 14 days after acknowledgment. The claimant does not have to agree to any extension.

The defendant usually has two main options: to admit the claim (see paragraph 3.3), or to defend it (paragraph 3.6). Doing nothing is likely to lead to judgment in default (paragraph 3.9). It is possible to admit the claim in part and defend the rest (see the table at paragraph 3.3.5), and to go beyond merely defending the claim by making a counterclaim against the claimant (paragraph 3.6.4).

See also:

• rules about service of the claim form and other documents, including a description of the various methods of service (paragraphs 2.3.19 and 5.6);

• calculating time limits (paragraph 5.11);
• judgment in default (paragraph 3.9).

If the claim is made using OCMC, the time by which the defendant must respond is worked out differently. It is calculated from the date of issue of the claim (and not the date of service), and the defendant is allowed 19 days (instead of 14) in which to contact the court with an initial response. If within that time the defendant tells the court that they wish to respond but need longer in which to do so – which is the OCMC equivalent of an acknowledgment of service – then they then have 33 days from issue (instead of 28 days from service) in which to ensure that the court receives their response. The defendant can respond online to an OCMC claim, but has the option of responding on paper.3

3.3 ADMITTING THE CLAIM

When admitting a claim, the steps to be taken depend on whether the claim is specified or unspecified, and whether the defendant admits all or part of the claim.

3CPR PD 51R, Sections 5 and 10.

56 Small Claims Procedure in the County Court

If the defendant admits all or part of the claim, the claimant may:

(a) accept the sums offered or paid and take the matter no further; or
(b) apply for a judgment on admission (see paragraph 3.3.1); or
(c) apply for a discretionary judgment (see paragraph 3.3.2).

The defendant should bear in mind that many judgments become registered as County Court judgments (see paragraph 12.4), and consider whether it may be possible to negotiate an arrangement with the claimant which avoids that outcome.

3.3.1 Judgment on admission

This is a judgment which the claimant is entitled to under CPR 14.1(4).

Judgment on admission is only available where:

• the defendant admits the whole of a claim for a specified amount of money (CPR 14.4(3)); or

• the defendant admits part of a claim for a specified amount, and the claimant accepts the amount admitted in satisfaction of the claim (CPR 14.5(6)); or

• the defendant admits the whole of the claim for an unspecified sum (CPR 14.6) – the court will then determine the amount payable; or

• the defendant offers a payment in satisfaction of an unspecified claim (CPR 14.7) – if the claimant accepts the offer, they can obtain judgment for that amount; if not, they can obtain judgment for an amount to be decided by the court (CPR 14.7(9) and (10)).

The documents which accompany the particulars of claim when sent to the defendant include a form for making an admission.

Admitting the whole claim

If the defendant wishes to admit the whole of a claim for a specified sum of money, then, unless it is an OCMC claim, the admission form (N9A) should be sent to the claimant within 14 days. The 14 days starts running from the date of service of the claim form, or, if served later, the particulars of claim.4The claimant

4See paragraph 3.2 and CPR 14.2(1).

can then obtain judgment for the admitted sum by returning to the court a completed Form N225, which is available on the government website.5

Online Civil Money Claims

In an OCMC case, the admission form is OCON9A. It must be received by the court within 19 days of the issue of the...

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