Chapter 6

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Questions and Answers

What happens if a claimant accepts an offer but rejects the payment proposal?

The court will determine the time for payment. (correct)

The court will dismiss the claim.

The claimant must propose an alternative payment plan.

The offer automatically becomes invalid.

What will happen if a claimant enters default judgment on a specified claim?

The judgment will require a hearing for damages assessment.

The claimant must wait for further court instructions.

The defendant can contest the claim immediately.

The judgment will be for a final sum of money. (correct)

Under what conditions does an automatic stay of proceedings occur?

If the claimant has withdrawn the claim.

If six months have expired without defense or counterclaim. (correct)

If all parties agree to postpone the proceedings.

If a defense has been filed by any defendant.

What must an application to lift the automatic stay include?

An explanation for the delay in proceeding. Signup and view all the answers

What purpose does the rule for automatic stays serve?

To avoid unprogressed claims that lack judicial management. Signup and view all the answers

What must a defendant do upon being served with the particulars of claim to avoid a default judgment?

File an acknowledgement of service Signup and view all the answers

Which form must be sent to the defendant along with the particulars of claim for proper response?

Form N9 Signup and view all the answers

What is the consequence if a defendant fails to respond within the specified time limits?

The claimant may win by default Signup and view all the answers

Which of the following options is NOT a way a defendant can respond to proceedings?

Submitting a counterclaim Signup and view all the answers

What does the response pack explain to the defendant?

How to respond to the claim and the time limits for doing so Signup and view all the answers

What is the purpose of Form N1C that the defendant receives?

To explain the steps and information for responding to the claim Signup and view all the answers

Which part outlines the rules for filing a defence?

Part 15 Signup and view all the answers

If a defendant admits the claim, what should the claimant do?

File for default judgment Signup and view all the answers

What happens if the defendant fails to respond within the specified time period?

The claimant may enter judgment ‘in default’. Signup and view all the answers

When does the time period for doing an act expire if it ends on a day when the court office is closed?

At the end of the next working day. Signup and view all the answers

What is meant by 'clear days' when referring to time periods in rules?

The number of days excluding the day of action and weekends/bank holidays. Signup and view all the answers

According to the rules, how should time limits be structured in orders?

Provide a calendar date and specific time. Signup and view all the answers

If a defendant is served with particulars of claim on 5 October and has 14 clear days to respond, when is the deadline?

19 October. Signup and view all the answers

What must generally happen at least three days prior to a court hearing?

The notice of the application must be served. Signup and view all the answers

What do we mean by a month in legal terms when referring to deadlines?

A calendar month, meaning the same date in the next month. Signup and view all the answers

Which of the following is NOT considered when computing a period of five days or less?

The day the action is initiated. Signup and view all the answers

When can a claimant enter default judgment if the defendant fails to respond?

15 days after deemed service of the particulars of claim Signup and view all the answers

What information must a defendant include on the acknowledgement of service form?

The defendant's address and full name Signup and view all the answers

What should a defendant do if their name was incorrectly stated in the claim form?

Correctly state their name followed by the incorrect name with 'described as' Signup and view all the answers

What happens if a claim is brought against a partnership?

The claim must be acknowledged by the partnership name Signup and view all the answers

What is the time frame for a defendant to respond after receiving the claim form?

15 days after deemed service Signup and view all the answers

What must the defendant indicate on the acknowledgement of service form regarding their stance on the claim?

Whether they intend to defend the entire claim, part of it, or contest jurisdiction Signup and view all the answers

Which of the following is NOT a requirement for the defendant's acknowledgement of service?

It must state whether the defendant is seeking legal counsel Signup and view all the answers

What is a potential consequence of a defendant failing to calculate their response time properly?

Default judgment may be entered against them Signup and view all the answers

What will the court typically order if a request for default judgment for a specified amount does not indicate payment dates?

Immediate payment. Signup and view all the answers

What happens when a request for default judgment involves an unspecified amount?

A disposal hearing will be necessary to determine the amount. Signup and view all the answers

Under what condition can interest be included in a default judgment for a specified amount?

If the particulars of claim meet certain details requirements. Signup and view all the answers

What must a claimant include in their request for a default judgment for interest to be calculated?

A calculation of the interest claimed for the relevant period. Signup and view all the answers

What does the court generally provide if the interest calculation included in the claim form is incorrect?

The court will decide on the amount of interest. Signup and view all the answers

What criteria must be met for interest to be claimed at a rate higher than 8% per annum?

The rate must be established by statute. Signup and view all the answers

In the given example, how much interest should be claimed if default judgment is entered 21 days after the issuance?

£112.35. Signup and view all the answers

What additional costs does the defendant become liable for when a default judgment is requested?

Additional fixed costs. Signup and view all the answers

What can a claimant do when there are co-defendants and a claim can be dealt with separately?

Enter a default judgment against one or more co-defendants. Signup and view all the answers

What happens to a defendant's ability to respond if a default judgment has been entered against them?

They may apply to have the default judgment set aside. Signup and view all the answers

How does a stay affect the time limits for serving a statement of case?

A stay freezes the time for serving a statement of case. Signup and view all the answers

If a defendant admits liability for a claim but makes no offer of payment, what will happen next?

The court will enter judgment for damages to be assessed later. Signup and view all the answers

What is a valid way for a defendant to respond to a specific claim?

Admit part of the claim and offer to pay it. Signup and view all the answers

In what scenario may a default judgment not be dealt with immediately?

If the other co-defendants are involved in the proceedings. Signup and view all the answers

What is the court's role when a defendant admits part of a claim but the claimant rejects the payment proposal?

The court will determine the time for payment. Signup and view all the answers

What happens once a stay is lifted?

The parties return to the exact state prior to the stay. Signup and view all the answers

Study Notes

Responding to Proceedings and Judgment in Default

Introduction: A defendant served with a claim must respond, or risk losing by default. If the claim form says "particulars of claim to follow," the defendant waits for those particulars. They receive Form N1C (Notes for Defendants) and, separately, Form N9 (the response pack).
Defendant's Response: Defendants can respond in three ways:
Filing an acknowledgement of service
Filing a defense
Filing an admission
Time Calculation: Rules 2.8 specify how time periods are calculated in court proceedings. If a deadline falls on a non-business day, the deadline shifts to the next business day.
Acknowledgement of Service (Part 10):
Time Limits: Defendants generally have 14 days to acknowledge service after being served the particulars of claim if the claim form said the particulars would follow, or 14 days from the date the claim form was served if the particulars were served simultaneously.
Default Judgement: If a defendant fails to acknowledge service within this timeframe, the claimant may obtain default judgment.
The Defense (Part 15):
Time Limits: Defendants have 14 days after service of the particulars of claim to file a defense, or 28 days if they've already filed an acknowledgement of service.
Examples: Time limits are calculated from the relevant date. A defendant served particulars on Wednesday, June 1st, has until Wednesday, June 15th to acknowledge service. If they file acknowledgement by this date, they'll have until Wednesday, June 29th to file a defense.
Extending Time Limits: Parties may agree to extend the time to file a defense. A court-authorized extension is possible but may be limited in cases where the pre-action protocol has been followed.
Admissions (Part 14): If a defendant wants to admit the whole or part of a claim, they complete the appropriate form (N9A) within 14 days of particulars of claim service.
Default Judgments (Part 12):
Procedure: A claimant obtains judgment without trial if a defendant fails to respond.
Claims for Specified Amounts: The request for judgment uses forms tailored to whether the claim is for a specific or unspecified amount (e.g., N205A, N205B, N225, N227).
Claims for Unspecified Amounts: The court determines the amount due (often at a "disposal hearing").
Interest: Default judgments can include interest, depending on the specifics of the claim.
Co-Defendants: A claimant might pursue a default judgment against one co-defendant while continuing the case against others.
Setting Aside a Default Judgment: A defendant can attempt to have a judgment set aside.
Stay of Proceedings: A court may issue a stay, pausing proceedings, in specified circumstances, such as prolonged inaction by both parties. A defendant can request the stay be removed.

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Test your knowledge on automatic stays in legal proceedings and claim acceptances. This quiz covers scenarios involving payment proposals, default judgments, and the necessary components for lifting automatic stays. Dive into the intricacies of legal rules and procedures.