Stage 1

Stage 1

1. Issues Claim and response pack

   • Defendant
     • Admit
       • N9 A - specified money claim or N9 B unspecified
         • Can ask for time to pay
           • Claimant
             • Accept - gets default judgment
             • Object - court officer will then determine time and rate of payment
               • If either party object they can apply for hearing
     • Deny
       • issue defence N9B - specified or N9D unspecified
         • C may reply
       • issue counterclaim
         • C must repond
     • Do nothing
       • C can enter Default Judgment
         • unless part 8 - no default
         • or delivery of good subject to consumer credit act
         • or certain specialised claims such as admiralty, arbitration, possession or contentious probate
         • need a hearing for : a child, judgment for costs only or certain claims served outside england and wales
         • D judgment can be set aside
           • MUST
             • where applied for before the period up
             • where the claim had been satisfied before J entered
             • acknowledgment / defence had actually been served
             • D had filed an admission requesting time to pay
           • MAY
             • real prospect of sucessfully defending the claim
             • some other reason why the D should be allowed to defend
             • acted promptly
     • Other
       • apply for summary judgment
         • apply by application notice Form N244 Supported by written evidence Draft order Fee
         • Must be served at least 14 day before the hearing. Claimant must respond at least 7 days before hearing. If the D wishes to respond again, must do so at least 3 days before the hearing
         • No real prospect of successfully defending / no real prospect of succeeding on the claim
         • No other compelling reason
         • Outcomes
           • case struck out / claim dismissed
           • judgment on the claim
           • conditional order - pay money into court
           • Dismissal of the application
       • apply for more time
       • apply to have claim struck out
       • agree with the C an extension of time and notify the court
       • dispute the court's jurisdiction
     • acknowledge within 14 days