Chapter 7: Responding to a claim

• Time limits for responding to a claim

  1. Defendant must respond within 14 days after date of deemed service of Particulars of Claim

  2. Claimant can serve Particulars of Claim with claim form or within 14 days after service of claim form

  3. Until defendant has received Particulars of Claim, they are not required to respond
• Deemed date of service


  The date on which a document is considered to have been served, based on the method of service
• Methods of service and deemed date of service

  • First class post - Second day after posting, if business day; next business day if not
  • Document exchange - Second day after posting, if business day; next business day if not
  • Delivering the document - If before 4:30pm on business day, that day; otherwise next business day
  • Fax - If before 4:30pm on business day, that day; otherwise next business day
  • Other electronic means - If sent before 4:30pm on business day, that day; otherwise next business day
  • Personal service - If before 4:30pm on business day, that day; otherwise next business day
• Ways for defendant to respond to claim

  • Admit the claim
  • File and serve a defence (and possibly a counterclaim)
  • Acknowledge service and indicate intention to defend
• If defendant does not respond within 14 days of deemed date of service, claimant can obtain judgment
• Extension of time


  Can be extended by agreement between parties for up to 28 days (56 days total) from deemed date of service if defendant has filed acknowledgement
• Admissions


  • Admit whole claim
  • Request time to pay
  • Claim for unspecified amount
  • Minors and protected parties
  • Partial admission
  • Admit liability but dispute quantum
• Withdrawal of admission


  Court will consider prejudice to parties, reasons for admission, stress, public interest, and timing of application
• Withdrawal of pre-action admission in personal injury claims

  Can be withdrawn with consent of person it was made to, or with court permission after commencement
• Drafting a defence


  Defendant must set out reasons why they dispute the claim and provide an alternative version to persuade the court
• Acknowledgement of service and time for service of defence

  1. If defendant files acknowledgement, deadline for defence is extended to 28 days

  2. Acknowledgement allows defendant to indicate intention to dispute, ask for time to pay, or dispute jurisdiction
• Calculating time


  • A period expressed as number of days means 'clear days', excluding start and end days
  • If time ends on day court office is closed, expires end of next open day
• Once defendant files acknowledgement, claimant can apply for summary judgment
• Disputing court's jurisdiction


  Defendant must tick relevant box, make application with evidence within 14 days of acknowledgement, and not file defence until application heard
• Entering and setting aside a judgment in default

  1. Claimant can obtain judgment if defendant fails to file defence

  2. To set aside, defendant must show real prospect of successful defence and good reason to set aside
• Judgment wrongly entered


  Court must set aside if defendant can show judgment was entered too early, claim already paid/settled, or defendant had requested time to pay
• Defendant must act promptly


  Court will consider if defendant acted promptly in applying to set aside default judgment
• Discontinuance


  Claimant can discontinue claim at any stage by filing Notice of Discontinuance
• Settlement


  Parties can reach agreement at any stage, but must be embodied in court order to carry weight