Learning Outcomes
After reading this article, you will understand the procedures and consequences of admitting a claim in civil litigation. You will be able to distinguish between full and partial admissions, handle specified and unspecified claims, and apply the correct forms and time limits. You will also be able to explain the strategic and practical implications of admissions for both claimants and defendants, as required for the SQE1 exam.
SQE1 Syllabus
For SQE1, you are required to understand the process and effects of admitting a claim in civil litigation. Focus your revision on:
- the options available to a defendant when served with a claim, including admitting the claim in whole or in part
- the procedures for admitting specified and unspecified claims, including the correct forms and time limits
- the consequences of admissions for both parties, including judgment, payment terms, and possible hearings
- the rules for withdrawing admissions and the court’s discretion in payment proposals
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the difference between a full admission and a partial admission of a claim?
- Which form should a defendant use to admit liability for a specified amount?
- What happens if a defendant admits liability for an unspecified claim but disputes the amount of damages?
- How long does a defendant have to submit an admission after being served with the particulars of claim?
Introduction
When a defendant is served with a claim, one of their options is to admit liability for all or part of the claim. Admitting a claim is a formal process governed by the Civil Procedure Rules (CPR), and it can apply to claims for a fixed sum (specified) or for an amount to be determined by the court (unspecified). Understanding the correct procedures, forms, and consequences of admissions is essential for effective litigation practice and for SQE1 success.
Admitting a Claim: Overview
A defendant may admit a claim in whole or in part. This can be a strategic decision to avoid unnecessary costs, reduce delay, or resolve a dispute efficiently. Admissions must be made using the correct forms and within strict time limits.
Key Term: admission
An admission is a formal acceptance by the defendant that they are liable for all or part of the claim made against them.Key Term: specified claim
A claim for a fixed amount of money stated in the claim form.Key Term: unspecified claim
A claim where the amount to be awarded is not fixed and will be determined by the court (e.g. personal injury, damages).
Procedures for Admitting a Claim
Specified Claims
For claims where the amount owed is fixed and stated in the claim form, the defendant can admit liability for all or part of the claim.
- Full admission: The defendant accepts liability for the entire amount claimed.
- Partial admission: The defendant accepts liability for part of the amount and disputes the rest.
To admit a specified claim, the defendant must complete the admission form (Form N9A), providing details of their financial circumstances and any payment proposals (e.g. immediate payment or instalments). The form must be served on the claimant and filed with the court within 14 days of service of the particulars of claim (or 28 days if an acknowledgment of service has been filed).
If the claimant accepts the admission and payment proposal, the court will enter judgment accordingly. If the claimant objects to the payment terms, the court may decide what is reasonable, sometimes after a hearing.
Unspecified Claims
For claims where the amount is not fixed, such as personal injury or damages, the defendant can admit liability for the claim or part of it.
To admit an unspecified claim, the defendant completes the relevant admission form (Form N9C) and serves it on the claimant and the court within the time limit. The court will then stay (pause) the proceedings and send a notice to the claimant. If the claimant accepts the admission and any offer of settlement, judgment will be entered for that amount. If not, the court will list the matter for a disposal hearing to determine the amount payable.
Time Limits and Forms
- Admission must be made within 14 days of service of the particulars of claim, or within 28 days if an acknowledgment of service is filed.
- Use Form N9A for specified claims and Form N9C for unspecified claims.
Key Term: disposal hearing
A short hearing where the court decides the amount payable after an admission of liability in an unspecified claim.
Consequences of Admissions
Full Admission
If the defendant admits the whole claim, the court will enter judgment for the amount admitted. The focus then shifts to how and when the defendant will pay. If the claimant accepts the defendant’s payment proposal, judgment will reflect those terms. If not, the court will decide what is reasonable.
Partial Admission
If the defendant admits only part of the claim, the admitted part is treated as above, and the disputed part proceeds as a defended claim. The court may list a hearing to resolve the disputed amount.
Unspecified Claims (Consequences)
If the defendant admits liability but disputes the amount, the court will determine the sum payable, usually at a disposal hearing. Both parties may present evidence on the appropriate amount.
Payment Proposals
Defendants can propose to pay immediately or by instalments. If the claimant disagrees with the proposal, the court will decide what is reasonable, considering the defendant’s financial circumstances and the claimant’s interests.
Withdrawing an Admission
A defendant may apply to withdraw an admission, but only with the court’s permission. The court will consider the reasons for withdrawal, the stage of proceedings, and any prejudice to the other party.
Key Term: withdrawal of admission
The process by which a defendant seeks the court’s permission to retract a previous admission of liability.
Strategic Considerations
Admitting a claim can save time, costs, and resources. It may also help preserve business relationships or reputation. However, defendants should carefully consider the strength of their defence before admitting, as admissions are binding and can lead to immediate judgment.
Worked Example 1.1
A defendant is sued for £8,000 for unpaid invoices. After reviewing the documents, the defendant agrees they owe the full amount but cannot pay immediately. They complete Form N9A, propose to pay in monthly instalments, and serve the form on the claimant and the court within 14 days.
Answer: The court will enter judgment for £8,000. If the claimant accepts the payment proposal, the defendant pays by instalments. If not, the court will decide what payment terms are reasonable.
Worked Example 1.2
A defendant is sued for damages after a car accident. The claim is for an unspecified amount. The defendant admits liability but disputes the amount claimed. They complete Form N9C and serve it within the time limit.
Answer: The court will stay proceedings and notify the claimant. If the claimant accepts any offer, judgment is entered for that amount. If not, the court will list a disposal hearing to decide the amount payable.
Worked Example 1.3
A defendant admits liability for a specified claim but later discovers evidence suggesting they are not responsible. They apply to withdraw the admission.
Answer: The defendant must seek the court’s permission to withdraw the admission. The court will consider the reasons, timing, and any prejudice to the claimant before deciding.
Exam Warning
If a defendant ignores the claim or fails to serve the admission form within the time limit, the claimant may apply for judgment in default. Admissions must be made promptly and using the correct forms.
Revision Tip
Always check whether the claim is specified or unspecified before advising on admissions. Use the correct form and observe the time limits to avoid default judgment.
Key Point Checklist
This article has covered the following key knowledge points:
- Admitting a claim is a formal process governed by the CPR, using specific forms and time limits.
- Full or partial admissions can be made for specified or unspecified claims.
- For specified claims, use Form N9A; for unspecified claims, use Form N9C.
- Admissions must be served within 14 days (or 28 days if an acknowledgment of service is filed).
- The court will enter judgment for the amount admitted; payment terms may be set by the court if disputed.
- Withdrawal of an admission requires the court’s permission.
- Strategic considerations include costs, time, and the strength of any defence.
Key Terms and Concepts
- admission
- specified claim
- unspecified claim
- disposal hearing
- withdrawal of admission
