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  • If the claimant has withdrawn the claim.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?

    <p>An explanation for the delay in proceeding. (C)</p> Signup and view all the answers

    What purpose does the rule for automatic stays serve?

    <p>To avoid unprogressed claims that lack judicial management. (A)</p> Signup and view all the answers

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

    <p>File an acknowledgement of service (B)</p> Signup and view all the answers

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

    <p>Form N9 (C)</p> Signup and view all the answers

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

    <p>The claimant may win by default (B)</p> Signup and view all the answers

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

    <p>Submitting a counterclaim (B)</p> Signup and view all the answers

    What does the response pack explain to the defendant?

    <p>How to respond to the claim and the time limits for doing so (C)</p> Signup and view all the answers

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

    <p>To explain the steps and information for responding to the claim (A)</p> Signup and view all the answers

    Which part outlines the rules for filing a defence?

    <p>Part 15 (A)</p> Signup and view all the answers

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

    <p>File for default judgment (C)</p> Signup and view all the answers

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

    <p>The claimant may enter judgment ‘in default’. (B)</p> 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?

    <p>At the end of the next working day. (C)</p> Signup and view all the answers

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

    <p>The number of days excluding the day of action and weekends/bank holidays. (C)</p> Signup and view all the answers

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

    <p>Provide a calendar date and specific time. (B)</p> 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?

    <p>19 October. (A)</p> Signup and view all the answers

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

    <p>The notice of the application must be served. (D)</p> Signup and view all the answers

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

    <p>A calendar month, meaning the same date in the next month. (B)</p> Signup and view all the answers

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

    <p>The day the action is initiated. (B)</p> Signup and view all the answers

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

    <p>15 days after deemed service of the particulars of claim (C)</p> Signup and view all the answers

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

    <p>The defendant's address and full name (A)</p> Signup and view all the answers

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

    <p>Correctly state their name followed by the incorrect name with 'described as' (C)</p> Signup and view all the answers

    What happens if a claim is brought against a partnership?

    <p>The claim must be acknowledged by the partnership name (D)</p> Signup and view all the answers

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

    <p>15 days after deemed service (B)</p> Signup and view all the answers

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

    <p>Whether they intend to defend the entire claim, part of it, or contest jurisdiction (C)</p> Signup and view all the answers

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

    <p>It must state whether the defendant is seeking legal counsel (C)</p> Signup and view all the answers

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

    <p>Default judgment may be entered against them (C)</p> 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?

    <p>Immediate payment. (B)</p> Signup and view all the answers

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

    <p>A disposal hearing will be necessary to determine the amount. (D)</p> Signup and view all the answers

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

    <p>If the particulars of claim meet certain details requirements. (A)</p> Signup and view all the answers

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

    <p>A calculation of the interest claimed for the relevant period. (C)</p> Signup and view all the answers

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

    <p>The court will decide on the amount of interest. (B)</p> Signup and view all the answers

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

    <p>The rate must be established by statute. (D)</p> 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?

    <p>£112.35. (C)</p> Signup and view all the answers

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

    <p>Additional fixed costs. (C)</p> Signup and view all the answers

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

    <p>Enter a default judgment against one or more co-defendants. (A)</p> Signup and view all the answers

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

    <p>They may apply to have the default judgment set aside. (C)</p> Signup and view all the answers

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

    <p>A stay freezes the time for serving a statement of case. (D)</p> Signup and view all the answers

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

    <p>The court will enter judgment for damages to be assessed later. (A)</p> Signup and view all the answers

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

    <p>Admit part of the claim and offer to pay it. (C)</p> Signup and view all the answers

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

    <p>If the other co-defendants are involved in the proceedings. (B)</p> 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?

    <p>The court will determine the time for payment. (D)</p> Signup and view all the answers

    What happens once a stay is lifted?

    <p>The parties return to the exact state prior to the stay. (A)</p> Signup and view all the answers

    Flashcards

    Acknowledgement of Service

    A defendant's initial act after being served legal papers in a lawsuit. It signals the defendant's awareness of the proceedings and prevents a default judgment.

    Defence (in court proceedings)

    A formal written statement outlining the defendant's defense to the claim made against them. It includes details of the defendant's arguments and evidence.

    Admission (in court proceedings)

    A formal statement acknowledging the truth of all or part of a claim. It speeds up proceedings as it eliminates the need for further proof on those admitted facts.

    Service of Proceedings

    The process of legally verifying if a person or organization has been properly served with legal documents. The court ensures the defendant has received fair notice.

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    Default Judgment

    A judgment against a defendant obtained without the defendant participating in the legal process. This occurs when the defendant fails to respond within a specified time.

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    Computation of Time (in court proceedings)

    The period within which a party must take a specific action in a legal case. Calculated using rules and regulations provided by the court.

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    Automatic Stay

    A temporary suspension of legal actions or enforcement of judgments. Can be imposed for various reasons, such as entering a defense or negotiating a settlement.

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    Response Pack (in court proceedings)

    A set of steps that should be followed when responding to a claim. They involve acknowledgement of service, filing a defense, or submitting an admission.

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    Time for Legal Actions

    The time allowed for taking an action like filing a defence or acknowledgement of service.

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    Rule 2.8: Calculating Time

    Rule 2.8 outlines how to calculate the exact time for any action specified in legal rules or orders.

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    Closed Court Day Deadline

    If a deadline falls on a day the court is closed, the time extends to the next open day.

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    Clear Days

    Any period expressed in days means 'clear days'. This excludes the day of service and the last day of the time limit.

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    14-Day Deadline Example

    A 14-day deadline starts on the day after service and ends 14 clear days later.

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    Notice of Hearing

    A 3-day notice for a hearing on a Monday must be served on the Tuesday before, excluding both the day of service and the hearing day.

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    Short Deadline & Weekend/Holidays

    In a 5-day or shorter period, weekends and bank holidays are ignored.

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    Month Calculation

    A 'month' is a calendar month. So, a 4-month deadline for service starting on May 5th ends on September 5th.

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    Response Deadline

    The time period a defendant has to respond to a claim, starting from the date they're deemed to have received the claim form or the particulars of claim.

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    Deemed Service

    The date on which a document is considered to have been served, even if it wasn't physically delivered. It's determined by rules and regulations.

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    Acknowledgement of Service Form

    The document a defendant uses to acknowledge they've received the claim and to state their intentions. It's part of the response pack.

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    Intention to Defend

    The defendant's intention to fight the claim, partially contest it, or dispute jurisdiction.

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    Partnership Response

    When a claim is against multiple partners in a business, they must all acknowledge the claim together.

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    Computation of Time

    The time period within which a party must take a specific action in a legal case, like filing a defense or responding to a claim.

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    Response Pack

    A set of documents and instructions that a defendant receives after being served with a claim, containing information on how to respond.

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    Claim for Specified Amount

    A request for a specific amount of money to be paid by a defendant.

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    Claim for Unspecified Amount

    A request for the court to determine the amount owed in a claim where the amount is unclear.

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    Fixed Costs

    An additional charge paid by a defendant for losing a case.

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    Disposal Hearing

    A court hearing to determine the value of a claim without going to trial.

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    Interest on Debt

    Interest calculated on a debt from the date the debt was due to the date of judgment.

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    Judgment Debt Interest Rate

    The rate of interest charged on judgment debts. Currently 8% per year.

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    Interest Claim Requirements

    The details required to support a claim for interest.

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    Automatic Stay (in court procedures)

    A period where court proceedings are automatically suspended because no defendant has responded or taken action for at least 6 months.

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    Lifting the Automatic Stay

    After fulfilling certain requirements, a party may request to lift the automatic stay, allowing the case to proceed. The request must explain the delay in taking action.

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    Automatic Stay Purpose

    Court proceedings are put on hold for six months if no defendant has taken action. This helps avoid inactive cases clogging the system.

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    The Trigger for Automatic Stay

    When a defendant is unresponsive, the court automatically pauses the case after six months.

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    Actively Lifting the Stay

    A party wishing to lift the automatic stay must proactively request it to the court.

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    Responding to a Specified Claim: Full Admission

    A defendant can respond to a claim by admitting the full amount owed and paying it, or requesting time to pay.

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    Responding to a Specified Claim: Partial Admission

    A defendant can respond to a claim by admitting part of the claim and offering to pay it, or requesting time to pay. The claimant can accept or reject the partial payment offer.

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    Responding to a Claim for an Unspecified Amount: Admit Liability, No Offer

    When a defendant admits liability for a claim but doesn't offer a payment, the court determines the amount owed at a later hearing.

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    Responding to a Claim for an Unspecified Amount: Admit Liability, Offer Payment

    A defendant can admit liability for a specific amount and offer to pay it, potentially requesting a payment plan.

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    Setting Aside a Default Judgment

    A defendant against whom a default judgment has been entered can apply to have it set aside. The court reviews these applications in detail.

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    Stay on Time Limits

    A stay in proceedings stops all legal actions in a case, and time limits for taking any actions are paused.

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    Co-defendants and Default Judgments

    While the court can enter a default judgment against a single defendant, it doesn't affect the proceedings against other defendants in the case.

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    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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    Responding to Proceedings & Judgment in Default PDF

    Description

    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.

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