Who issues a claim- Court or claimant?

[ThedaBara]

Many thanks, Ganymede... I have also found this, which explains it in terms that I can more easily understand;

 

DEFENDING A CLAIM

APRIL 30, 2014 LUCY BRITT

 

If a claim has been issued and served on you, you can either accept the claim against you (admitting that the claim is true, which might mean that you accept you have to compensate the person bringing it) or defend all or part of it. If you wish to defend all or part of the claim you must file a ‘defence’. A defence is a document that sets out why you say you are not liable or not at fault when the claimant has stated that you are.

If you fail to file a defence within 14 days of receiving the claim form, or within 28 days if you have filed an acknowledgement of service, the claimant can ask the judge to accept their claim automatically, because you have not denied it within the timeframe.

That may have serious consequences for you, so you should respond as soon as you can if someone makes a claim against you.

 

The defendant did not acknowledge and his defence was filed and served 31 days after my claim was served... so is out of time as I understand it.

 

TB

[Ganymede]

Many thanks, Ganymede... I have also found this, which explains it in terms that I can more easily understand;

 

DEFENDING A CLAIM

APRIL 30, 2014 LUCY BRITT

 

If a claim has been issued and served on you, you can either accept the claim against you (admitting that the claim is true, which might mean that you accept you have to compensate the person bringing it) or defend all or part of it. If you wish to defend all or part of the claim you must file a ‘defence’. A defence is a document that sets out why you say you are not liable or not at fault when the claimant has stated that you are.

If you fail to file a defence within 14 days of receiving the claim form, or within 28 days if you have filed an acknowledgement of service, the claimant can ask the judge to accept their claim automatically, because you have not denied it within the timeframe.

That may have serious consequences for you, so you should respond as soon as you can if someone makes a claim against you.

 

The defendant did not acknowledge and his defence was filed and served 31 days after my claim was served... so is out of time as I understand it.

 

TB

 

Has the Court accepted the Defence?

 

If so, tough. Your application for default judgment will be rejected.

[ThedaBara]

I have no idea whether the court has accepted the defence... but it was only 3 days ago and I'd already requested default judgement... I suppose it's in limbo at the moment... but do you agree the defendant has not complied with CPR... or am I wrong? TB

[Ganymede]

I have no idea whether the court has accepted the defence... but it was only 3 days ago and I'd already requested default judgement... I suppose it's in limbo at the moment... but do you agree the defendant has not complied with CPR... or am I wrong? TB

 

Call the Court.

 

Yeah they probably have technically. However, if the Court received the Defence before or at the same time as your request for judgment then it will be accepted and you'll just have to carry on with the Court process.

[ThedaBara]

Ok. The Court received my request for judgement on 30 August, the Defence was received on 9 September... a close call, I suppose... TB

[Ganymede]

Ok. The Court received my request for judgement on 30 August, the Defence was received on 9 September... a close call, I suppose... TB

 

Call the Court today and find out.

[ThedaBara]

Thanks, I will. TB

[ThedaBara]

So… I emailed the court, asking what was happening as the silence was deafening, and they have written back saying that the defendant acknowledged the claim on 18 August… more than a month ago.

 

Does the court usually let parties know the status of a claim? Or must we constantly chase it up… it freaks me out a bit when there is a long silence as I always think I should be doing something and am running out of time...

 

Between acknowledgement and defence was 22 days… I'm wondering if that conforms with CPR re time limitations?

 

TB

[AndyOrch]

Should be 14 days between AoS and defence...and 33 days in total for service.

[Ganymede]

So… I emailed the court, asking what was happening as the silence was deafening, and they have written back saying that the defendant acknowledged the claim on 18 August… more than a month ago.

 

Does the court usually let parties know the status of a claim? Or must we constantly chase it up… it freaks me out a bit when there is a long silence as I always think I should be doing something and am running out of time...

 

Between acknowledgement and defence was 22 days… I'm wondering if that conforms with CPR re time limitations?

 

TB

 

The Court has accepted the Defence so time to move on and focus on the next stage.

[Guest]

So… I emailed the court, asking what was happening as the silence was deafening, and they have written back saying that the defendant acknowledged the claim on 18 August… more than a month ago.

 

Does the court usually let parties know the status of a claim? Or must we constantly chase it up… it freaks me out a bit when there is a long silence as I always think I should be doing something and am running out of time...

 

Between acknowledgement and defence was 22 days… I'm wondering if that conforms with CPR re time limitations?

 

TB

why we suggested awhile ago (at least from my post #69) checking with the court. yours wasnt mcol. 33 days from claim issue date to submit a defence if AofS.

as ganymede says, if the court had their defence prior to your application being actioned, then their defence is likely to be accepted. though you can raise the matter re lateness, if it was.

[ThedaBara]

Thanks, guys. I guess I must move on, then. I am not sure whether to counter-defend... if I decided to do so, would it need to be before the Directions Questionnaire is received?

The defence is flimsy and a bare denial of any guilt.

TB

[ThedaBara]

Thanks Andy... there was 23 days between their acknowledgement and defence...I thought they only had 14 days after acknowledging...

Claim Served 10 Aug.

Acknowledged 18 Aug. (Apparently, although I was not informed of it by the court).

Defence served 9 Sept.

TB

[Ganymede]

Thanks, guys. I guess I must move on, then. I am not sure whether to counter-defend... if I decided to do so, would it need to be before the Directions Questionnaire is received?

The defence is flimsy and a bare denial of any guilt.

TB

 

There is no such thing as "counter defend."

 

You can file a Reply to Defence if you choose to but unless they're raising new issues it's not worth it for a straight up denial.

[ThedaBara]

Well, there are blatant lies in the defence as well as a bare denial of any wrongdoing. TB

[Guest]

post up the claim and defence then

[ThedaBara]

Back again! I've been without broadband all week... so stressful as I didn't know when it would be fixed (they were saying at least 2 weeks) and I need to file the reply to defence and DQ by 24th October and need to look stuff up...

There are some questions on the DQ which I don't understand..... can anyone help me, please? TB

[ThedaBara]

Oh yeah... some great news from one of my 'witnesses'... he has written to say that he won't be providing me with a signed statement as he plays golf with the defendant and doesn't want to 'cause any friction' at the golf club...

(I think the Def has probably paid his membership fees).

Should I keep this and show it to the court... or will they not give a flying fortress?

TB

[Ganymede]

Oh yeah... some great news from one of my 'witnesses'... he has written to say that he won't be providing me with a signed statement as he plays golf with the defendant and doesn't want to 'cause any friction' at the golf club...

(I think the Def has probably paid his membership fees).

Should I keep this and show it to the court... or will they not give a flying fortress?

TB

 

They won't care.

 

What questions are you confused with on the DQ?

[ThedaBara]

They won't care.

 

What questions are you confused with on the DQ?

 

Hi Ganymede...

 

Most of them, if I'm honest, but especially Practice Direction 31B, (Disclosure of electronic documents)... I've tried to find out more but all the info online seems to be written with lawyers in mind... if they need help with this, what hope is there for me?!

 

TB

[ThedaBara]

Hmmm.. I found this... but there's nothing to help LIPs properly understand the procedure & what it entails... especially if, like me they are technologically illiterate.

TB

 

http://www.3djb.co.uk/articles/9-latest-articles/81-e-disclosure

[ThedaBara]

Also found this;

 

What happens if I do not comply with the CPR requirements in respect of electronic documents?

Whilst use of the EDQ is not mandatory, CPR PD 31B is couched in obligatory terms. Further, in relation to non-PI claims proceeding on the multi-track, compliance with CPR PD 31B is required where any documents to be disclosed are electronic (CPR 31.5(9). As such, a failure to comply may result in sanctions and/or wasted costs being awarded against your client or your firm. If mis-management is sufficiently serious, disciplinary action from the Solicitors Regulatory Authority could follow.

 

Oh dear... sooo confused! TB

[Ganymede]

That's only really relevant for Multi Track claims.

[ThedaBara]

That's only really relevant for Multi Track claims.

 

Yes, this has been allocated to a multi track. TB

[Ganymede]

Missed that, sorry.

 

Do you have any electronic documents to disclose?