5.4 Responding to a Claim and Statements of Case

The response clock

Assume Part 7 service within the jurisdiction and particulars of claim served with, or already contained in, the claim form (or later served, in which case time runs from service of the particulars).

Service out of the jurisdiction uses longer periods: 21/35 days for Scotland and Northern Ireland (CPR 6.35) and the PD 6B table for other countries. Always check the claim form’s stated response date against the rule that actually applies.

Admitting the claim (CPR 14). The defendant may admit the whole or part of a specified or unspecified money claim, offer a sum, and request time to pay. Judgment then follows the admission, with the court (or in some lower-value specified claims, a court officer) setting the rate of payment if the parties do not agree. CPR 14 requires the court’s permission to amend or withdraw an admission. Do not treat an informal email “we accept we are liable” as cost-free: it may be an admission that can be entered as judgment.

Acknowledging service (CPR 10). File an acknowledgment if you cannot serve a defence in 14 days or if you intend to dispute jurisdiction. Ticking the jurisdiction box is not the application; it preserves the right. Failing to file either an acknowledgment or a defence (or an admission) opens the door to default judgment (CPR 10.2, 15.3, 12.3).

Disputing the court’s jurisdiction

CPR 11 is unforgiving on timing. File an acknowledgment of service (which does not waive the jurisdiction objection: 11(3)). Apply within 14 days after filing that acknowledgment, with evidence. If you file an acknowledgment and do not apply in time, you are treated as having accepted that the court has jurisdiction (11(5)). Do not file a merits defence before the application is determined; 11(9) says you need not file a defence beforehand. If the court refuses a declaration of no jurisdiction, the original acknowledgment ceases to have effect and you have 14 days (or another period the court sets) to file a further acknowledgment, which then counts as submission (11(7)–(8)).

Grounds include: no PD 6B gateway; England is not the proper place; a valid exclusive foreign jurisdiction or arbitration clause; defective service. An arbitration stay is a section 9 application, often heard alongside or instead of a Part 11 challenge; do not miss either clock.

Default judgment, discontinuance and settlement

CPR 12.3. Judgment in default of acknowledgment is available only if, at the date of entry, no acknowledgment and no defence have been filed and the time has expired. Judgment in default of defence is available if an acknowledgment was filed but no defence has been filed in time (and for a 20.4 counterclaim, if no defence to counterclaim is filed). Default judgment is not available if the defendant has a pending strike-out or summary-judgment application, has satisfied the whole claim including costs, or in the other listed bars (including certain consumer-credit and Convention service situations).

Specified-sum default judgment is usually obtained by request and is administrative. Unspecified damages go to a disposal hearing on quantum. Interest claimed under a contract or under statute should be set out as CPR 16.4 requires, or you may lose the extra interest on the request.

Setting aside: CPR 13.2 and 13.3. If judgment was wrongly entered because a 12.3 condition was not met, or the whole claim was satisfied before entry, the court must set it aside (13.2). In any other case the court may set aside or vary if the defendant has a real prospect of successfully defending the claim, or there is some other good reason why the judgment should be set aside or the defendant allowed to defend (13.3(1)). Promptness is a mandatory consideration (13.3(2)). A defendant who sat on a regular default judgment for months will struggle even with a triable issue. Support a 13.3 application with evidence: a draft defence is the usual exhibit.

Discontinuance: CPR 38. A claimant may discontinue all or part of a claim by filing and serving a notice (38.3). Permission (or specified consents) is required if the court has granted an interim injunction, if a party has given an undertaking, if an interim payment has been received, or if a co-claimant does not consent (38.2). Discontinuance takes effect on service of the notice (38.5). The claimant is generally liable for costs (38.6); that is a deemed order, not a judicial finding of misconduct. The defendant may apply to set the notice aside within 28 days (38.4). If the claimant discontinued after a defence (or, in Part 8, after an acknowledgment or evidence) and later sues on the same or substantially the same facts, permission is required (38.7).

Settlement. Parties may settle at any time. Record a concluded agreement in writing. If proceedings exist, use a consent order or a Tomlin order. Children’s and protected parties’ settlements need court approval (CPR 21.10). Part 36 offers remain available and have their own costs consequences; they are not a substitute for a consent order once terms are agreed.

Purpose, structure and content of statements of case

Statements of case tell the court and the opponent the facts (not the evidence) on which a party relies. They are verified by a statement of truth (CPR 22). A false statement made without an honest belief in its truth can be contempt (CPR 32.14). PD 16 paragraph 1.3 requires a short summary at the start if a statement of case exceptionally exceeds 25 pages excluding schedules.

Claim form (CPR 16.2 and PD 16 paras 2.1–2.4). It must contain a concise statement of the nature of the claim, the remedy sought, a statement of value (16.3), the parties’ full names and addresses including postcodes, and a statement of truth. Name individuals, firms “(a Firm)”, and companies with their registered suffix. The statement of value does not cap the judgment the court may give (16.3(7)).

Particulars of claim (CPR 16.4). They must include a concise statement of the facts relied on, a statement of interest if claimed (rate, dates, total to issue, daily rate thereafter for specified claims), and any other matters PD 16 requires. Contract claims (PD 16 paras 7.3–7.5): attach the written contract and incorporated conditions (or the relevant parts if bulky); for an oral agreement, plead the words, by whom, to whom, when and where; for an agreement by conduct, plead the acts, by whom, when and where. Personal injury (PD 16 paras 4.1–4.3): date of birth, brief details of injury, a schedule of past and future losses, and any medical report relied on. Fraud, illegality, misrepresentation, notice, undue influence and similar matters must be specifically set out if relied on (PD 16 para 8.2). Do not plead evidence or submissions.

Defence (CPR 16.5). The defendant must deal with every allegation: admit, deny, or require proof because they are unable to admit or deny. A denial must state reasons and the defendant’s own version of events if different (16.5(2)). A bare denial is a defective defence and a strike-out risk. If an allegation is not dealt with, it is taken as admitted, except that a money claim is not admitted as to amount merely by silence on quantum (16.5(4)–(5)). Limitation must be pleaded (PD 16 para 11.3). In PI, respond to the medical report and attach a counter-schedule (PD 16 paras 11.1–11.2). Set-off is pleaded in the defence (16.6).

Reply (CPR 16.7 and 15.8). Optional. If none is filed, the claimant is treated as requiring the defence to be proved (16.7(1)). A reply must not contradict the particulars or introduce a new claim (PD 16 para 9.2); if new facts have emerged, amend. If a reply is filed, file it with the directions questionnaire and, if there is a defence to counterclaim, they should form one document unless the due dates differ (15.8).

Part 20 claims, further information and amendments

CPR 20 additional claims include a counterclaim against the claimant (20.4), a counterclaim against an additional person (20.5), a contribution or indemnity notice against an existing party (20.6), and any other additional claim (20.7). A counterclaim against the claimant (20.4) and any other additional claim under 20.7 may be made without permission if issued before or at the same time as the defence; later, permission is required (20.7(3)). A 20.5 counterclaim against someone other than the claimant needs an application for an order adding that person. A counterclaim and defence should form one document, counterclaim following defence (15.7). An additional claim served on a new party must go out with response forms and copies of the existing statements of case (20.8 and following). A person served with a Part 20 claim becomes a party and may defend, admit, or default in the usual way.

Further information (CPR 18). The court may order a party to clarify a matter in dispute or give additional information, whether or not it already appears in a statement of case. Practice Direction 18 expects a written request first, concise and strictly necessary, with a reasonable date for a reply (often 14 days). The response is a statement of case and needs a statement of truth. Information given, even voluntarily, may be restricted to use in the proceedings (18.2).

Amendments (CPR 17). Before service, a party may amend freely, including changing parties (17.1(1)). After service, amend only with written consent of all other parties or the court’s permission (17.1(2)). Changing parties after service is also a CPR 19.4 application. After a relevant limitation period, 17.4 allows a new claim only if it arises out of the same or substantially the same facts as a claim already made; a genuine mistake as to a party’s name may be corrected if it would not reasonably have misled as to identity; capacity may be altered. CPR 17.4’s “same or substantially the same facts” test is strict: a new cause of action that needs a different factual matrix will be refused.

Exam traps. Filing an acknowledgment is not a defence and is not a Part 11 application. A 14-day defence deadline becomes 28 days only if the acknowledgment is actually filed. Default judgment entered where a defence was on the court file must be set aside under 13.2, not 13.3. A reply is not a second particulars of claim. A Part 20 claim against a non-party after the defence needs permission. Alternative service (Part 6) is not a statement-of-case topic; do not mix it up with amendments.