The Defendant and statements of case — overviewAfter a claim has been served

A defendant may:

• file an acknowledgment of service

• file or serve an admission of all or part of the claim

• file a defence

The Civil Procedure Rules set out the time limits and procedure for serving these documents. Defendants should also consider consequential issues arising out of receiving a claim, for example, notification of the claim to professional indemnity insurers and consideration of whether the claim could be the subject of a summary judgment or strike out application.

Acknowledging service

The Civil Procedure Rules set out when an acknowledgment of service is required. The defendant must acknowledge service within 14 days of service of the particulars of claim in the commercial court and for CPR Part 8 claims. CPR Part 7 claims however only require an acknowledgment of service where the defendant challenges the court's jurisdiction, or the defendant wants extra time to file their defence.

Disputing the court's jurisdiction

A defendant may be able to argue that the court does not have jurisdiction or that it should exercise its discretion not to accept jurisdiction. For example, if the claim is governed by an arbitration agreement, the court should stay proceedings to enable an arbitration to take place.

The Civil Procedure Rules set out the procedure to be followed in making an application to the court. The Commercial Court has its own rules. If the application is successful, a court order will state that the court has no, or will not exercise its, jurisdiction. The order will also deal with other issues, for example, stay the proceedings.

The defence

The Civil Procedure Rules set out the requirements for a defence. For example, it must set out a concise statement of the nature of the defence, addressing all allegations in the particulars of claim. Where the defendant denies an allegation, the defence must give reasons why and not simply a bare denial. The defence must be filed and served on every other party. The defence can be amended; permission of the court may be required.

An additional claim, for example a counterclaim, can be made at the same time as filing the defence and form part of the same document.

Specific rules may apply for certain types of case, for example personal injury.

Admissions – overview

An admission as to the truth of the whole or any part of a claim, or counterclaim, can be made at any stage after the commencement of proceedings. The Civil Procedure Rules sets out the formal procedure for making and withdrawing admissions and the consequences of doing so. Once an admission has been made under the CPR, any party may apply for judgment on the admission. An admission made under CPR 14 can only be withdrawn with the court’s permission. In deciding whether to allow the withdrawal the court will consider all the circumstances of the case and may attach conditions when it makes its order.

Admissions in money claims – specified amounts

An admission can be made to whole or part of a claim under CPR 14. The consequences of an admission differ depending on whether it is for whole or part and whether the defendant has made a request for time to pay. A request for time to pay enables the defendant who admits liability for a specified sum or offers to pay a specified sum to make a proposal about the date of payment or a proposal to pay by instalments at specified times and rates. If the claimant does not accept the defendant’s proposals for payment then it will be determined by the court taking into account the defendant’s statement of means and the claimant’s objections to the proposal.

Admissions in money claims – unspecified amounts

An admission can be made to a claim for an unspecified amount. The admitting defendant can either offer to pay a specified sum (CPR 14.7) or not (CPR 14.6). In either case, the admission must be made in writing. Where the defendant offers to pay a specified sum, it may also request time to pay. A request for time to pay enables the defendant who admits liability for a specified sum or offers to pay a specified sum to make a proposal about the date of payment or a proposal to pay by instalments at specified times and rates.

Electronic filing

With effect from 1 April 2010 it is possible for parties in certain courts to file documents (including the claim form) electronically. This Electronic Working Scheme (the 'Scheme') will be set out in a new Practice Direction 5C supplementing CPR 5.5 and CPR 7.12. The Scheme provides a means by which proceedings may be started electronically, all subsequent steps may be taken electronically, and proceedings which have not started electronically may be converted to electronic format and then continue as if they had been started electronically. The Scheme is only applicable to certain courts and certain types of claims though this does include claims commenced under CPR Parts 7 and 8.

Statements of case in the Commercial Court - the Defendant

There are specific requirements in the Commercial Court Guide for the content and procedure of statements of case in the Commercial Court. Notably, after service of the defence and reply (if any) and before the first Case Management Conference, each party must produce to the court a draft list of issues identifying what is common ground between the parties.

Amending the defence

The Civil Procedure Rules set out the bases on which amendments can be made and when and the procedure to use when seeking to amend. Permission of the court maybe required to amend the defence. A court may required a defendant to show the original text and the amendments.

Permission will not be granted in certain circumstances, for example, the amendment shows no reasonable grounds for bringing or defending the claim or the limitation period has expired.

Multiple defendants

Co-defendants may be represented by the same solicitor. However, it is important to consider the relationship between all defendants and ensure that there is no conflict of interest between the co-defendants. Co-defendants may enter into a joint defence agreement which regulates their conduct in the proceedings. Such an agreement can cover issues such as costs and general co-operation.

A defendant can bring a claim against another defendant and may also add new parties to the proceedings.

Statements of truth

Statements of truth are used to confirm that the person signing the document has an honest belief in the accuracy and content of the document being signed. The Civil procedure Rules set out the exact wording that must be used. Certain documents, including statements of case and witness statements must be verified by a Statement of Truth.

The CPR also sets out who must sign the Statement of truth, including where a solicitor may sign on behalf of his client.

Failure to sign the Statement of truth may result in the document being struck out. A false statement could lead to contempt of court proceedings.

Timetable for statements of case

The Civil Procedure Rules set out a timetable for service of the various elements of the statement of case. The rules differ for claims served in England & Wales (in the jurisdiction) and in other countries (outside the jurisdiction). The timetable can be varied by agreement or on application to the court.