Responding to a claim

Responding to a Claim

Once a defendant has been served with a claim form and supporting documents, they must respond within the time limits specified by the Civil Procedure Rules (CPR). The response can take several forms, including acknowledging the claim, filing a defence, admitting the claim, or making a counterclaim. The appropriate response depends on the defendant's position regarding the allegations made in the claim.

Acknowledgment of Service

An acknowledgment of service is a formal document filed by the defendant to confirm receipt of the claim form. It extends the time available to file a defence and indicates the defendant's intention to contest the claim. Key points include:

• ★ Time Limit: The defendant must file an acknowledgment of service within 14 days of being served with the claim form. If this is done, the time limit for filing a defence is extended to 28 days from the date of service of the claim form.
• ★ Purpose: This form provides the court with notice that the defendant intends to defend the claim, ensuring that a default judgment is not entered prematurely.

Filing a Defence

A defence is the formal response to the particulars of claim, where the defendant sets out their case and responds to the allegations. The defence should include:

• ★ Admissions and Denials: The defendant must indicate which allegations they admit, which they deny, and which they require the claimant to prove. A general denial is insufficient; specific responses to each point in the particulars of claim are required.
• ★ Any Additional Facts: The defence should state any additional facts that support the defendant's position, providing a full explanation of their case.
• ★ Time Limit: The defence must be filed within 14 days of service of the particulars of claim, or within 28 days if an acknowledgment of service was filed. Extensions of time may be granted by agreement between the parties or by court order.

Admissions

The defendant may choose to admit all or part of the claim. This can lead to a quicker resolution and may reduce costs. The options include:

• ★ Full Admission: Admitting the entire claim, in which case the court may enter judgment for the claimant and determine the amount of damages or other remedies.
• ★ Partial Admission: Admitting only part of the claim, such as agreeing to liability but disputing the amount of damages. The court will then decide the contested issues.

Counterclaim

A counterclaim is a separate claim brought by the defendant against the claimant, arising out of the same facts or transaction. Key considerations include:

• ★ Form and Content: A counterclaim must be included in the defence document or filed separately but must comply with the same rules as a particulars of claim, setting out the facts and legal basis of the counterclaim.
• ★ Service: The counterclaim must be served on the claimant, who then has the opportunity to respond, typically by filing a defence to the counterclaim.

Requesting Further Information

Before responding, a defendant may seek further information from the claimant to clarify the allegations or obtain additional details. This can be done through a formal request for further information under CPR Part 18, ensuring a comprehensive and informed response.

Consequences of Not Responding

If the defendant fails to respond appropriately within the specified time limits, several consequences may follow:

• ★ Default Judgment: The claimant may apply for a default judgment if the defendant does not file an acknowledgment of service, defence, or admit the claim. This judgment is in favour of the claimant and may include the full amount claimed.
• ★ Loss of Right to Contest: By failing to respond, the defendant may lose the opportunity to contest the claim or raise a defence, making it more challenging to overturn the judgment later.

Case Law

Examples

Conclusion

Responding to a claim is a critical step in the legal process, requiring careful consideration and timely action. Defendants must decide whether to defend the claim, admit liability, or counterclaim, and must adhere to strict deadlines. Properly managing these responses ensures that the defendant's rights are protected and that they have the opportunity to present their case effectively. Legal advice is often crucial in navigating this process and ensuring compliance with procedural rules.