Responding to a Claim

Introduction

Once proceedings have been issued, the **defendant** is compelled to take action unless they are prepared for the claimant to win outright. This chapter explains the steps a defendant must take in **response to court proceedings**. After service of the **claim form** and **particulars of claim**, the defendant receives **Form N9 (the response pack)** and must react in one of three prescribed ways under the Civil Procedure Rules: **file an admission**, **file an acknowledgement of service**, or **file a defence**. The chapter also covers the consequences of inaction — **judgment in default** — and the two principal ways a claim can conclude without trial: **discontinuance** and **settlement**.

Assessment focus

For the SQE1 FLK1 Dispute Resolution assessment, you must understand the **timeline and options for responding to a claim** and be able to apply them to client-based scenarios. Key examinable points include: the **time limits** for filing an acknowledgement of service (14 days, **CPR r 10.3**) and a defence (14 days, or 28 days where acknowledgement of service is filed, **CPR r 15.4**); the **forms** used for admissions (**Form N9A**); the **conditions for, and exclusions from, judgment in default** (**CPR Parts 12, 13**); and the cost and procedural consequences of **discontinuance** and **settlement** (including **Part 36 offers** and the **Tomlin Order**). Questions are single best answer questions (SBAQs) set in realistic scenarios; you will be expected to **apply** the rules, not merely recall them. This is a closed-book assessment.

Study tips

1) Memorise the **three response options**: admission, acknowledgement of service, defence. 2) Lock in the **deadlines**: defence within **14 days** of particulars of claim, extended to **28 days** if an acknowledgement of service is filed (**CPR r 15.4**); acknowledgement of service within **14 days** (**CPR r 10.3**). 3) Learn the **five categories where default judgment may NOT be entered** (Consumer Credit Act 1974 delivery-of-goods claims, Part 8 claims, mortgage claims, provisional damages claims, specialist court claims). 4) Remember the **four matters the claimant must satisfy the court of** before obtaining default judgment. 5) Distinguish **discontinuance** (claimant's unilateral termination, usually paying the defendant's costs) from **settlement** (mutual agreement, often a **Tomlin Order** or **Part 36 offer**).