Civil Unit 8 - Defences, Default J and Relief from sanctions

Key Principles of Civil Procedure Rules (CPR)

• Be kindly affectionate to one another with brotherly love, in honour giving preference to one another; not lagging in diligence, fervent in spirit, serving the Lord; rejoicing in hope, patient in tribulation, continuing steadfastly in prayer – Romans 12:10-12
• CPR 10.1 – Acknowledgment of Service: A defendant must file an acknowledgment of service if they are unable to file a defence within a specified period, or if they wish to dispute the court's jurisdiction.
• CPR 10.2 – Consequences of not filing an acknowledgement of service: If a defendant fails to file an acknowledgment of service and a defence within the specified period, the claimant may obtain default judgment.
• CPR 10.3 – The period for filing an acknowledgment of service: The general rule is that an acknowledgment of service must be filed within 14 days of service of particulars of claim. Where a claim form is served with a notice that particulars of claim will follow, the deadline is 14 days after service of the claim form.
• CPR 12.1 – Meaning of Default Judgment: Judgment without trial occurs when a defendant fails to file an acknowledgment of service or a defence.
• CPR 12.2 – Claims in which default judgment may not be obtained: Default judgment cannot be obtained in certain specific types of claims, such as consumer credit act claims. There may be other exceptions not specified here.
• CPR 12.4 – Procedure for obtaining default judgment: In the County Court, default judgment is usually obtained by filing a request in a form. This is typically for money claims, but specifics regarding the required forms (N205A, N225, etc.) exist.
• CPR 12.7 – Interest: Specific rules for calculating interest payable in certain cases. Interest may be included in a default judgment if certain conditions are met.
• CPR 12.8 – Procedure for deciding an amount or value: Procedures for calculating amounts, values, or interest when default judgment is granted. Specifics are contained in this rule, covering cases with specified or unspecified amounts sought.
• CPR 12.12 – Supplementary provisions where applications for default judgment are made: The court considers evidence in various situations such as when the defendant is outside the jurisdiction or claims immunity.
• CPR 13 – Setting Aside or Varying Default Judgment: How and why a default judgment can be set aside. The court has discretion and factors such as whether there is a real prospect of a successful defense and whether prompt application is made must be considered.
• CPR 15 – Defence and Reply: Defendant’s responsibility to file a defence.
• CPR 15.1 – Part not to apply where claimant uses Part 8 Procedure : This rule specifies that the court should not apply this procedure if using Part 8's alternative procedure.
• CPR 15.2 – Filing a Defence: A defendant who wishes to defend a claim must file a defence.
• CPR 15.3 – Consequences of not filing a defence: Failure to file a defence will result in a default judgment.
• CPR 15.4 – The period for filing a defence: General rule is that a defence must be filed within 14 days of service of the particulars of the claim or 28 days if an acknowledgment of service is filed first. Time limits may be extended by agreement.
• CPR 15.5 – Agreement extending the period for filing a defence: Parties agree to an extension, and the defendant must notify the court in writing.
• CPR 15.7 – Making a counterclaim: A defence must be served on every other party if a counterclaim is filed.
• CPR 15.8- Reply to defence and defence to counterclaim: Rules for Replies to a defence, and how to file a defence to a counterclaim. A party's failure to deal with an allegation in the reply may be deemed an admission.
• CPR 15.10 – Claimant's notice where defence is that money claimed has been paid: The court notifies the claimant if the defendant alleges payment to trigger the need for the claimant to respond.
• CPR 15.11 – Claim Stayed if not defended or admitted: If no defence is filed within the set time by defendant, or if a claim lacks grounds, the claim is stayed.
• CPR 16 – Statements of Case: Rules about the contents of a claim form and the particulars of claim.
• CPR 16.1 – Part not to apply where claimant uses Part 8 Procedure: This rule applies where a claimant does not use Part 8’s alternative procedure.
• CPR 16.2 – Contents of the claim form: Specifies the contents of the claim form, including a concise statement of the claim, the remedy sought, and a statement of the value.
• CPR 16.3 – Statement of value to be included in the claim form : Rules about statements of claim value to be included.
• CPR 16.4 – Contents of the particulars of claim : Requirements for a concise statement of facts to be included in the particulars of claim.
• CPR 16.5 – Contents of a defence : Rules about the contents of a Defence to an action, including specific requirements for personal injury claims. The defence must address any allegations, denying, admitting, or requiring proof.
• CPR 16.6 – Defence of Set-off : Procedures where a defendant contends they are entitled to money from the claimant. Claims for offsetting an amount can be included in the defence and set off against the claim.
• CPR 16.7 – Reply to a defence : The Defendant must prove matters in a defence if the claimant doesn't file a reply. Failure to address a matter in the reply may be considered an admission.
• CPR 16.8 – Court's power to dispense with statements of case : Allows for situations where a claim form has been issued and served.
• CPR 3.9 – Relief from Sanctions: Rules about seeking relief from sanctions imposed for noncompliance.
• Includes consideration of the need for efficient and proportionate conduct of litigation, and the seriousness/significance of the breach. Delay in seeking relief from sanctions should be part of the judge’s consideration.