Claim Form and Particulars of Claim
The defendant must file a defence: • Within 14 days after service of the particulars of claim, if they have not filed an acknowledgment of service. • Within 28 days after service of the particulars of claim, if they have filed an acknowledgment of service. The parties may agree an extension of time of up to an additional 28 days for filing the defence. If the defendant wants more time, they will need to apply to court. If a defence is not filed in time or at all, the claimant can apply to the court for judgment in default of defence.
A court claim is started by sending a claim form to court to be officially stamped and allocated a unique claim number. A fee must be paid which varies depending on the amount in dispute. For example, if the claim is between £10,000 and £200,000 the court fee is 5% of the claim. For claims over £200,000 there is a flat fee of £10,000. The claim form contains very brief details of the claim and the remedy being sought, for example financial compensation. Once stamped and a claim number allocated, the claim form is usually sent to the defendant as soon as possible although generally there is 4 months in which to do so. The particulars of claim set out full details of the claim, including the alleged facts on which the claim is based. The particulars of claim usually accompany the claim form but can be served up to 14 days later. Acknowledgment of Service The defendant must file an acknowledgment of service of the particulars of claim within 14 days of receiving it. This is done via a specific form provided with the claim and the defendant must indicate whether they intend to defend all or part of the claim. They may also indicate that they intend to contest the court’s jurisdiction to hear the claim. Defence Unless the defendant admits the whole of the claim, they must file a defence. In the defence, the defendant must state which allegations in the particulars of claim they, • Admit; • Deny; or • Neither admit nor deny but require the claimant to prove. Where the defendant denies an allegation, they must state reasons for the denial and put forward their own version of events. This is extremely important. It is not sufficient simply to deny an allegation.
Counterclaim and Additional Claim
Depending on the circumstances, the defendant may make a counterclaim against the claimant, or an additional claim against another party to the claim or a third party. For example, they may make a claim for a contribution or indemnity from another party. A counterclaim or an additional claim may be served with the defence without the court’s permission or at any other time with the court’s permission. Reply The claimant may file a reply to the defence but is not obliged to do so. If not, it will be assumed the claimant does not accept what is said in the defence. If a counterclaim is served, the claimant must file a defence to the counterclaim within 14 days of service of the counterclaim. The defendant can serve a reply to the claimant’s defence to counterclaim but, again, they do not have to. A party may seek to amend its claim or defence at any time although it is likely to require the court’s permission to do so particularly if the amendments are late in the process or controversial. If the party receiving a statement of case requires clarification or further information, it can request that the party who sent the statement of case do so or failing that can ask a Judge to make an order that the clarification and/or further information be provided.
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