Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

Back to previous page

 

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim
     14.7  - (1) This rule applies where - 

    (2) The defendant may admit the claim by filing an admission in the relevant practice form.

    (3) On receipt of the admission, the court will serve a notice on the claimant requiring him to return the notice stating whether or not he accepts the amount in satisfaction of the claim.

    (4) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until he files the notice.

    (5) If the claimant accepts the offer he may obtain judgment by filing a request in the relevant practice form and if he does so - 

    (6) The claimant may specify in his request for judgment - 

    (7) On receipt of the request for judgment, the court will enter judgment.

    (8) Judgment will be for the amount offered by the defendant (less any payments made) and costs - 

    (9) If the claimant does not accept the amount offered by the defendant, he may obtain judgment by filing a request in the relevant practice form.

    (10) Judgment under paragraph (9) will be for an amount to be decided by the court and costs.

Allocation of claims in relation to outstanding matters
    
14.8 Where the court enters judgment under rule 14.6 or 14.7 for an amount to be decided by the court it will - 

Request for time to pay
    
14.9  - (1) A defendant who makes an admission under rules 14.4, 14.5 or 14.7 (admission relating to a claim for a specified amount of money or offering to pay a specified amount of money) may make a request for time to pay.

    (2) A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.

    (3) The defendant's request for time to pay must be served or filed (as the case may be) with his admission.

    (4) If the claimant accepts the defendant's request, he may obtain judgment by filing a request in the relevant practice form.

    (5) On receipt of the request for judgment, the court will enter judgment.

    (6) Judgment will be - 

(in all cases) will be for payment at the time and rate specified in the defendant's request for time to pay.

(Rule 14.10 sets out the procedure to be followed if the claimant does not accept the defendant's request for time to pay)

Determination of rate of payment
    
14.10  - (1) This rule applies where the defendant makes a request for time to pay under rule 14.9.

    (2) If the claimant does not accept the defendant's proposals for payment, he must file a notice in the relevant practice form.

    (3) Where the defendant's admission was served direct on the claimant, a copy of the admission and the request for time to pay must be filed with the claimant's notice.

    (4) When the court receives the claimant's notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court.

Determination of rate of payment by court officer
    
14.11  - (1) A court officer may exercise the powers of the court under rule 14.10(4) where the amount outstanding (including costs) is not more than 50,000.

    (2) Where a court officer is to determine the time and rate of payment, he must do so without a hearing.

Determination of rate of payment by judge
    
14.12  - (1) Where a judge is to determine the time and rate of payment, he may do so without a hearing.

    (2) Where a judge is to determine the time and rate of payment at a hearing, the proceedings must be transferred automatically to the defendant's home court if - 

(Rule 2.3 explains which court is a defendant's home court)

    (3) If there is to be a hearing to determine the time and rate of payment, the court must give each party at least 7 days' notice of the hearing.

Right of re-determination
    
14.13  - (1) Where - 

    (2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

    (3) Where an application for re-determination is made, the proceedings must be transferred to the defendant's home court if - 

(Rule 2.3 explains which court is a defendant's home court)

Interest
    
14.14  - (1) Judgment under rule 14.4 (admission of whole of claim for specified amount of money) shall include the amount of interest claimed to the date of judgment if - 

    (2) In any case where judgment is entered under rule 14.4 and the conditions in paragraph (1) are not satisfied judgment shall be for an amount of interest to be decided by the court.

    (3) Where judgment is entered for an amount of interest to be decided by the court, the court will give directions for the management of the case.



PART 15

DEFENCE AND REPLY




Contents of this Part
Part not to apply where claimant uses Part 8 procedure Rule 15.1
Filing a defence Rule 15.2
Consequence of not filing a defence Rule 15.3
The period for filing a defence Rule 15.4
Agreement extending the period for filing a defence Rule 15.5
Service of copy of defence Rule 15.6
Making a counterclaim Rule 15.7
Reply to defence Rule 15.8
No statement of case after a reply to be filed without court's permission Rule 15.9
Claimant's notice where defence is that money claimed has been paid Rule 15.10
Claim stayed if it is not defended or admitted Rule 15.11

Part not to apply where claimant uses the Part 8 procedure
     15.1 This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

Filing a defence
    
15.2 A defendant who wishes to defend all or part of a claim must file a defence.

(Part 14 contains further provisions which apply where the defendant admits a claim)

Consequence of not filing a defence
    
15.3 If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

The period for filing a defence
    
15.4  - (1) The general rule is that the period for filing a defence is - 

    (a) 14 days after service of the particulars of claim; or

    (b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

    (2) The general rule is subject to the following rules - 

    (a) RSC Order 11 r.1B (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction);

    (b) rule 11 (which provides that, where the defendant makes an application disputing the court's jurisdiction, he need not file a defence before the hearing);

    (c) rule 24.4(2) (which provides that, if the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the summary judgment hearing); and

    (d) rule 6.16(4) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

Agreement extending the period for filing a defence
    
15.5  - (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

    (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Service of copy of defence
    
15.6 A copy of the defence must be served on every other party. (Part 16 sets out what a defence must contain)

Making a counterclaim
    
15.7 Part 20 applies to a defendant who wishes to make a counterclaim.

Reply to defence
    
15.8 If a claimant files a reply to the defence, he must - 

(Rule 26.3(6) requires the parties to file allocation questionnaires and specifies the period for doing so)

(Part 22 requires a reply to be verified by a statement of truth)

No statement of case after a reply to be filed without court's permission
    
15.9 A party may not file or serve any statement of case after a reply without the permission of the court.

Claimant's notice where defence is that money claimed has been paid
    
15.10  - (1) Where - 

the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.

    (2) When the claimant responds, he must serve a copy of his response on the defendant.

    (3) If the claimant fails to respond under this rule within 28 days after service of the court's notice on him the claim shall be stayed(GL).

    (4) Where a claim is stayed under this rule any party may apply for the stay(GL) to be lifted.

(If the claimant files notice under this rule that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)

Claim stayed if it is not defended or admitted
    
15.11  - (1) Where - 

the claim shall be stayed(GL).

    (2) Where a claim is stayed(GL) under this rule any party may apply for the stay to be lifted.



PART 16

STATEMENTS OF CASE




Contents of this Part
Part not to apply where claimant uses Part 8 procedure Rule 16.1
Contents of the claim form Rule 16.2
Statement of value to be included in the claim form Rule 16.3
Contents of the particulars of claim Rule 16.4
Contents of defence Rule 16.5
Defence of set-off Rule 16.6
Reply to defence Rule 16.7
Court's power to dispense with statements of case Rule 16.8

Part not to apply where claimant uses Part 8 procedure
    
16.1 This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

Contents of the claim form
    
16.2  - (1) The claim form must - 

    (a) contain a concise statement of the nature of the claim;

    (b) specify the remedy which the claimant seeks;

    (c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3; and

    (d) contain such other matters as may be set out in a practice direction.

    (2) If the particulars of claim specified in rule 16.4 are not contained in or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

    (3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

    (4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

    (5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

(Part 22 requires a claim form to be verified by a statement of truth)

Statement of value to be included in the claim form
    
16.3  - (1) This rule applies where the claimant is making a claim for money.

    (2) The claimant must, in the claim form, state - 

    (3) In a claim for personal injuries, the claimant must also state in the claim form whether the amount which he expects to recover as general damages for pain, suffering and loss of amenity is - 

    (4) In a claim which includes a claim by a tenant of residential premises against his landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form whether the amount he expects to recover as damages in respect of those repairs or other work is - 

    (5) If the claim form is to be issued in the High Court it must, where this rule applies - 

    (6) When calculating how much he expects to recover, the claimant must disregard any possibility - 

    (7) The statement of value in the claim form does not limit the power of the court to give judgment for the amount which it finds the claimant is entitled to.

Contents of the particulars of claim
     16.4  - (1) Particulars of claim must include - 

    (2) If the claimant is seeking interest he must - 

(Part 22 requires particulars of claim to be verified by a statement of truth)

Contents of defence
    
16.5  - (1) In his defence, the defendant must state - 

    (2) Where the defendant denies an allegation - 

    (3) A defendant who - 

shall be taken to require that allegation to be proved.

    (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

    (5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

    (6) If the defendant disputes the claimant's statement of value under rule 16.3 he must - 

    (7) If the defendant is defending in a representative capacity, he must state what that capacity is.

    (8) If the defendant has not filed an acknowledgment of service under Part 10, he must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth)

(Rule 6.5 provides that an address for service must be within the jurisdiction)

Defence of set-off
    
16.6 Where a defendant - 

the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.

Reply to defence
    
16.7  - (1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.

    (2) A claimant who - 

shall be taken to require that matter to be proved.

(Part 22 requires a reply to be verified by a statement of truth)

Court's power to dispense with statements of case
    
16.8 If a claim form has been - 

the court may make an order that the claim will continue without any other statement of case.






Notes


[17] 1981 c.54. Section 35A was inserted by the Administration of Justice Act 1982 (c.53), section 15(1), Schedule 1, Part I.back

[18] 1984 c.28. Section 69 was amended by the Courts and Legal Services Act 1990 (c.41), section 125(3), Schedule 18, paragraph 46.back

[19] 1997 c.27.back



  continue
 
 

  Contents

Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1998
Prepared 9 February 1999