Commencement
Legal Proceedings are started by way of a completed “claim form” which sets out the details of the claim made and the reliefs or orders sought from the Court. The person making the claim is called “the claimant” (instead of the more traditional description of plaintiff) and the person against whom the claim is made is the defendant or respondent. The claim form will set out the full claim or alternatively will set out brief particulars of the claim. In this latter case, where brief particulars only are set out, the claim form must be followed by a further more detailed claim within 14 days.
It is neessary that the claim is fully verified and that the claimant or his legal representative signs to confirm his full belief in the truth of the claim.
The claim form is prepared by the claimant’s solicitor and sent to the Court Offices which formally issue it as a legal document. Unlike in Ireland, the Court office itself usually serves the documents on the respondent/defendant and usually does so by first class post. A person making a claim or a person who is the defendant must give an address for services within England and Wales. Lavelle Coleman has an office with an English and Wales address for the purpose of service under the Court rules.
Response of Defendant
When a defendant receives a claim he must respond in order to avoid a judgement and order being made against him by default. Generally, the defendant must answer the claim by either acknowledging receipt setting out a full defence or admitting the claim in part or in full within certain time limits. If the defendant simply acknowledges a receipt he must within 28 days of the original claim set out details of his defence. The defence sets out the facts and circumstances by which the defendant claims that the claim is denied in full or in part or is not valid.
It is possible for a defendant to admit part of a claim and dispute the rest. When the claim is submitted the defendant must give personal details and should he make an offer of payment, he must set out whether he is offering to pay in full or by instalments. Under these circumstances he must set out his income and expenditure so the Court can consider whether his offer is reasonable.
If the claimant accepts the defendant’s offer, he can apply for a Court judgement so that the offer will become an Order of Court. A Court Order is enforceable against the defendant in a number of possible ways. If the claimant rejects the offer, he can apply to the Court for what he claims is the appropriate Order as to lump sum payment or instalments etc., If the claim is for less than £50,000.00 a Court Office rather than the Judge, will decide the rate of payment, without a Court hearing.
Summary Disposal
Court officers or the Judge may make a decision, without any hearing but if a hearing is requested the parties must be given seven days notice. The Court takes into account the defendant’s means, statement of means, the claimant’s objections and other relevant factors.
Where a defendant admits liability but the amount is unspecified, it must be assessed by the Court. A so called “disposal hearing” is heard, by which the Court determines the extent of damages, compensation or other appropriate order that is to be given. Likewise where the amount claimed is unspecified and the respondent makes an offer it can either be accepted by the claimant or the claimant can apply to the Court to determine the amount of the award.
Interest is due on awards either under the original contract or at a special rate fixed on court orders and in the case of commercial debts, under the Late Payment of Debts Acts.
It will frequently be the case, particularly in debt collection cases that the defendant will have no valid response to the claim. In this case, the claimant is seeking a Court Order to the Court so that it can be enforced against the respondent debtor.
Default Order without Hearing
There is a special procedure for obtaining a Court Order (or “judgement”) in default of an appearance or substantial defence by the respondent. This procedure will be used in debt collection cases. In these cases, a claim has been made and the defendant has neither acknowledged receipt or filed a defence within the relevant time limit, it is possible to obtain a Court Order through the Court office without a formal hearing or procedure.
Where the judgement is for a specified/certain amount a Court will normally give judgement for the amount due. Where the amount claimed is unspecified, but must be judged and determined by the Court in a disposal hearing before a Court Officer or the judge who will determine the necessary amount of the claim.
Where a defendant does not respond to a claim, a Court Order can be given “in default” against him. There are procedures whereby a defendant can later apply to Court to have the default judgement set aside. It will be necessary to show that there were actual grounds for disputing the claim.
Purpose of Pleadings
As in Ireland, the initial claim form or the later statement of case sets out the full details of what is claimed. This informs the respondent of what is alleged and also puts limits on what is to be proved at the Court hearing if there is one. The defendant sets out a response which must set out which points which are accepted and those which are denied.
The purpose of this documentation is to ensure that the matters in dispute are clearly set out and understood in advance of the case going to a hearing. It is possible for either side to request further information and details of the other sides case or their response. By the time the matter goes to Court, it should be evident from the documents what is disputed and what is not disputed.
Sometimes the person against whom a claim is made will themselves have their own claim arising from the circumstances. This is called a “counterclaim”. The counterclaim arises from the same circumstances as the claim. It may be convenient for the Court to hear the entire matter in a single hearing.
A defence sets out the basis on which a claim is denied. It may be that the events claimed never happened or that they did happen but there are some other significant circumstances which may mean that no valid claim exists. A counterclaim is different to a defence. A counterclaim is a claim by the respondent claimed against the claimant or some third party. Sometimes a party sued will have a right of contribution or indemnity from another party. This other party can be brought into the proceedings. For example, the person sued may have a right to recover what might be claimed from another third party. This third party would usually be brought in to the proceedings.
Irish resident individuals and companies can sue and be sued in the English Courts.
