Deck 7: Defending a Claim Drafting Statements of Case

Question 1

Which is correct?
Once a defendant has been served with the claim form and particulars of claim …

A) he must file a defence or an admission within 28 days of the date of service upon him of the claim form and particulars of claim.
B) he must file either an acknowledgement of service or a defence or an admission within 14 days.
C) he must file either a defence or an admission within 14 days.
D) he may file only the acknowledgement of service within 14 days of service upon him of the claim form and particulars of claim and then he may have a further 28 days in which to file either his defence or admission.

Answer 1

B

Question 2

Which is correct?
The general rule is that the time by which a defendant must file his defence is …

A) within the time agreed between the parties.
B) within 14 days after service of the particulars of claim.
C) within 28 days after service of the claim form if the particulars of claim had not been served at the same time.
D) within the time agreed between the parties provided that any extension agreed does not exceed 2 months extra time.

Answer 2

B

Question 3

What documents must contain a statement of truth and what is the purpose of a statement of truth?

A) Any document that is a 'statement of case'. To ensure that parties tell the truth.
B) Any document that is a 'statement of case' or a witness statement. To ensure that unsupported claims are not made.
C) Any document that is a 'statement of case', a witness statement, an acknowledgement of service, a response to a CPR 18 request, or a certificate of service. To ensure that parties have an honest belief in their claims and to discourage unsupported claims being made.
D) Any document that is a 'statement of case', a witness statement, or response to a CPR 18 request. To ensure that parties have an honest belief in their claims and to discourage unsupported claims being made.

Answer 3

C

Question 4

The defendant has filed his acknowledgement of service in time, but feels he is unable to file his defence within 28 days from the time he was served with the particulars of claim. He feels he needs an additional 6 weeks. He can give valid reasons for this. What course of action can he follow?

A) Seek the agreement of the claimant for the extension he needs and if the claimant agrees file his defence within the time they have agreed.
B) Give notice to the claimant of his intention to file his defence within the time specified and giving full details of his reasons for the extra time needed and stating that he will apply to the court for the time needed if the claimant raises objections to his notice.
C) Apply to the court for the extra time needed and at the same time ask the claimant if he consents to the request.
D) File a 'holding' defence within 28 days and file amendments to it as soon as he can giving notice to the claimant and the court of his intention to do that.

Question 5

CPR 20 deals with the procedure relating to 'Additional Claims' that are conveniently dealt with within the main action between the claimant and the defendant. This may include an additional claim made by the defendant against the claimant or against another person. When the additional claim is against another person (that is not the claimant) what course of action can the defendant follow?

A) The defendant can make the additional claim against the other party without the permission of the court but the court will consider what directions it will make now that another party is involved in the action.
B) The defendant can make the additional claim against the other party at the same time as filing his defence to the action without the permission of the court and on file DQs the court will consider what directions it will make now that another party is involved in the action.
C) A defendant can make an additional claim against the claimant without the permission of the court when he files his defence but must seek the permission of the court if he wishes to make a claim against another person.
D) A defendant must always seek the permission of the court if he wishes to make allegations against either the claimant or another party.