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Guidance For Defendants Replying To The Claim Form Out of The Jurisdiction - N1D

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0% found this document useful (0 votes)
49 views10 pages

Guidance For Defendants Replying To The Claim Form Out of The Jurisdiction - N1D

Uploaded by

idokosamuel147
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HM Courts &

Tribunals Service

Form
Guidance for defendants
replying to the claim form out
of the jurisdiction: N1D
Updated 18 November 2024

Contents
Reply to the claim
Registration of judgments
Costs and Interest
How to pay
Dispute a claim
Personal injuries claims
Time limits
Where to send notices
Statement of truth
© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except
where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-
government-licence/version/3 or write to the Information Policy Team, The National
Archives, Kew, London TW9 4DU, or email: [email protected].

Where we have identified any third party copyright information you will need to obtain
permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/form-n1-


claim-form-cpr-part-7/guidance-for-defendants-replying-to-the-claim-form-out-of-the-
jurisdiction-n1d
Reply to the claim
If this claim form was received with the particulars of claim completed
or attached, you must reply within the time limit.
If the words ‘particulars of claim to follow’ are written in the particulars
of claim box, you must not reply until after you are served with the
particulars of claim. This should be no more than 14 days after you
received the claim form.
You can either:
pay the total amount, for example the amount claimed, the court
fee, and solicitor’s costs (if any)
admit that you owe all or part of the claim and ask for time to pay
dispute the claim
If you do not reply, judgment may be entered against you.
There is information on which forms to use for your reply in form N9
(https://www.gov.uk/government/publications/form-n9-response-pack). Form
N9 will accompany the particulars of claim if they are served after the
claim form.
Court staff can help you complete the forms of reply and tell you about
court procedures, but they cannot give legal advice.
If you need legal advice, for example about the likely success of
disputing the claim, you should contact a solicitor or Citizens Advice
immediately.

Registration of judgments
If this claim results in a judgment against you, details will be entered in
the Register of Judgements, Orders and Fines.
They will then be passed to credit reference agencies, which will then
supply them to credit grantors and others seeking information on your
financial standing. This will make it difficult for you to get credit.
A list of credit reference agencies is available from:
Registry Trust Limited

3rd Floor

12 Carthusian Street

London

EC1M 6EB

Costs and Interest


Additional costs and interest may be added to the amount claimed on
the front of the claim form if judgment is entered against you.
In a county court, the claimant may be entitled to further interest if a
judgement is either:
for £5,000 or more
in respect of a debt that attracts contractual or statutory interest for
late payment

How to pay
Do not bring any payments to the court – they will not be accepted.
When making payments to the claimant, quote the claimant’s
reference (if any) and the claim number. Make sure that you keep
records and can account for any payments made.
Proof may be required if there is any disagreement. It is not safe to
send cash unless you use registered post.

If you admit the claim


If you admit all the claim, take or send the money (including the court
fee and any interest and costs) to the claimant at the address given for
payment on the claim form. This must be done within the time limit.

Claim for specified amount


If you admit all the claim and you are asking for time to pay, complete
form N9A (https://www.gov.uk/government/publications/form-n9a-form-of-
admission-specified-amount) and send it to the claimant at the address
given for payment on the claim form. This must be done within the
time limit. The claimant will decide whether to accept your proposal for
payment.
If it is accepted, the claimant may request the court to enter judgment
against you and you will be sent an order to pay.
If your offer is not accepted, the court will decide how you should pay.
If you admit only part of the claim, complete form N9A
(https://www.gov.uk/government/publications/form-n9a-form-of-admission-
specified-amount) and form N9B
(https://www.gov.uk/government/publications/form-n9b-defence-counterclaim-
specified-amount) and send them to the court within the time limit. The
claimant will decide whether to accept your part admission. For more
information, see the dispute a claim section.
If it is accepted, the claimant may request the court to enter judgment
against you and the court will send you an order to pay.
If your part admission is not accepted, the case will proceed as a
defended claim.

Claim for an unspecified amount


If you admit liability for the whole claim but do not make an offer to
satisfy the claim, complete form N9C
(https://www.gov.uk/government/publications/form-n9c-admission-unspecified-
amount-and-non-money-claims) and send it to the court within the time
limit. A copy will be sent to the claimant. The claimant may request the
court to enter judgment against you for an amount to be decided by
the court, including costs.
The court will enter judgment and refer the court file to a judge for
directions for management of the case. You and the claimant will be
sent a copy of the court’s order.
If you admit liability for the claim and offer an amount of money to
satisfy the claim, complete form N9C
(https://www.gov.uk/government/publications/form-n9c-admission-unspecified-
amount-and-non-money-claims) and send it to the court within the time
:
limit. The claimant will be sent a copy and asked if the offer is
acceptable. The claimant must reply to the court within the time limit
and send you a copy.
If a reply is not received, the claim will be stayed. If the amount you
have offered is accepted then either:
the claimant may request the court to enter judgment against you
for that amount
the rate of payment will be decided by the court (if you have
requested time to pay which is not accepted by the claimant)
If your offer in satisfaction is not accepted, then:
the claimant may request the court to enter judgment against you
for an amount to be decided by the court, including costs
the court will enter judgment and refer the court file to a judge for
directions for management of the case
You and the claimant will be sent a copy of the court’s order.

Dispute a claim
If you are being sued as an individual for a specified amount of money
and you dispute the claim, the claim may be transferred to a local
court. For example, the court nearest to where you live or carry on
business if different from the court where the claim was issued.
Submit an acknowledgement of service if either you:
need longer than the time limit to prepare your defence
are contesting the court’s jurisdiction to try the claim
You can submit an acknowledgement of service by completing form
N9 (https://www.gov.uk/government/publications/form-n9-response-pack).
You must send it to the court within the time limit. This will allow you
extra time from the date of service of the particulars of claim to either:
file your defence
make an application to contest the court’s jurisdiction
The court will tell the claimant that your acknowledgment of service
has been received.
:
If the case proceeds as a defended claim, you and the claimant will be
sent a directions questionnaire. You will be told the date by which it
must be returned to the court. The information you give on the form
will help a judge decide whether your case should be dealt with in
either the:
small claims track
fast track
multi-track
After a judge has considered the completed questionnaires, you will
be sent a notice of allocation setting out the judge’s decision. The
notice will tell you:
the track to which the claim has been allocated
what you have to do to prepare for the hearing or trial
If the claim was allocated to the small claims track, you and the
claimant will need to attend a mediation appointment. This will be
arranged for you by the Small Claims Mediation Service, part of HM
Courts and Tribunals Service (HMCTS).
If an agreement is reached at mediation, the case will be settled.
If no agreement is reached, the case will proceed to a hearing or trial.
If you do not attend the mediation appointment, the judge may apply a
penalty. This could include ordering you to pay costs, or automatically
ruling in the claimant’s favour.
You can find out more about the small claims track, fast track and
multi-track (https://www.gov.uk/government/publications/small-claims-track-
fast-track-and-multi-track-ex305-and-ex306).

Dispute a claim for a specified amount


If you wish to dispute the full amount claimed or wish to claim against
the claimant (a counterclaim), complete form N9B
(https://www.gov.uk/government/publications/form-n9b-defence-counterclaim-
specified-amount) and send it to the court within the time limit.

If you admit part of the claim, complete form N9A


(https://www.gov.uk/government/publications/form-n9a-form-of-admission-
specified-amount) and form N9B
:
(https://www.gov.uk/government/publications/form-n9b-defence-counterclaim-
specified-amount) and send them both to the court within the time limit.

The claimant will decide whether to accept your part admission in


satisfaction of the claim - see claim for a specified amount for more
information. If the claimant does not accept the amount you have
admitted, the case will proceed as a defended claim.
If you dispute the claim because you have already paid it,
complete form N9B (https://www.gov.uk/government/publications/form-n9b-
defence-counterclaim-specified-amount) and send it to the court within the
time limit. The claimant will have to decide whether to proceed with the
claim or withdraw it and notify the court and you within 28 days. If the
claimant wishes to proceed, the case will proceed as a defended
claim.

Dispute a claim for an unspecified amount, return


of goods or non-money claims
If you dispute the claim or wish to claim against the claimant
(counterclaim), complete form N9D
(https://www.gov.uk/government/publications/form-n9d-defence-counterclaim-
unspecified-amount-and-non-money-claims) and send it to the court within
the time limit.

Personal injuries claims


If the claim is for personal injuries and the claimant has attached a
medical report to the particulars of claim, in your defence you should
state whether you:
agree with the report
dispute all or part of the report ( you must give your reasons for
doing so)
neither agree nor dispute the report or have no knowledge of the
report
Where you have obtained your own medical report, you must attach it
to your defence.
If the claim is for personal injuries and the claimant has attached a
schedule of past and future expenses and losses, you must state in
:
your defence which of the items you:
agree with
dispute (you must supply alternative figures where appropriate)
neither agree nor dispute or have no knowledge of

Time limits
The time limits are set out in civil procedure rules 6.35 (2),(3),(4) and
practice direction B of part 6 of the civil procedure rules
(https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06).

Where to send notices


Notices must be sent to either your solicitor’s address, your own
residential or business address in the United Kingdom or (if you live
elsewhere) another address within the United Kingdom.

Statement of truth
This must be signed either by you, your solicitor or litigation friend, as
appropriate.
If the defendant is a registered company, the response must be signed
by either:
a director
a treasurer
a secretary
a chief executive
a manager
another officer of the company
If the defendant is a corporation, the response must be signed by
either the:
mayor
chairman
president
town clerk
:
All content is available under the Open Government Licence v3.0, except where
otherwise stated © Crown copyright
:

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