Learning Outcomes
After reading this article, you will be able to identify and apply the procedures required when defending or responding to a civil claim. You will know when and how to admit a claim in full or part, file an acknowledgement of service or defence, comply with time limits, and the consequences of non-response. You will also understand default judgment, setting aside default, and the importance of proper handling for SQE2-style assessments.
SQE2 Syllabus
For SQE2, you are required to understand the practical steps and legal significance of responding to a civil claim. Focus your revision on:
- the methods by which a defendant can respond to served proceedings
- admitting a claim and the implications of admission (full or partial)
- acknowledging service and filing a defence
- required time limits for each procedural response
- the process and consequences of judgment in default and the procedures for setting aside default judgment
- discontinuance and settlement procedures following a claim
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 three initial procedural options does a defendant have when served with a claim form and particulars of claim?
- What can a claimant do if the defendant does not respond to the claim within the required period?
- If the defendant files an acknowledgement of service, how long do they then have to file a defence?
- What information must be included in a defence?
Introduction
When a defendant is served with civil proceedings, they must act promptly and follow civil procedure exactly. Responding properly avoids judgment being entered in default and ensures the right to contest the claim.
Responding options are tightly regulated. The main pathways are full or partial admission of the claim, filing an acknowledgement of service to extend time, or filing a complete defence. Each carries important practical and legal consequences.
Key Term: admission
A formal statement by the defendant accepting (in full or part) the claim brought by the claimant.Key Term: acknowledgement of service
Formal notice filed by a defendant confirming receipt of the claim and intention to respond, extending the time to file a defence.Key Term: defence
The defendant’s formal response to the particulars of claim, setting out which allegations are denied, admitted, or require proof.Key Term: default judgment
A judgment obtained by the claimant when the defendant fails to file an acknowledgement of service or defence within the required time.
Responding to a claim: the main options
Once the claim form and particulars of claim are deemed served, the defendant must act within a strict time limit.
Option 1: Admission
If the defendant accepts liability for the whole or part of the claim, they should complete and return the appropriate admission form included in the response pack. For a specified sum, the defendant can propose a payment schedule (e.g., immediate payment, instalments). For an unspecified amount, the defendant may accept liability but leave quantum to be decided.
Option 2: Acknowledgement of service
If the defendant intends to defend but needs additional time to prepare, or is considering contesting jurisdiction, they may file an acknowledgement of service within 14 days of service. This extends the deadline to file a defence from 14 to 28 days from service of the particulars of claim.
Option 3: Defence
If the defendant disputes the whole claim or parts of it, they must serve a defence, setting out for each allegation whether it is admitted, denied (including reasons), or not admitted (requiring the claimant to prove). The CPR require reasons for any denial and the defendant’s version of events if different.
Time limits to respond
The defendant must respond as follows:
- Within 14 days of deemed service: file an admission, an acknowledgement of service, or a defence.
- If an acknowledgement of service is filed: the defendant then has 28 days from service of the particulars of claim to serve a defence.
Key Term: time limit
The mandatory period for procedural action. Failure to comply may result in adverse consequences, including judgment in default.
Consequences of non-response
If the defendant fails to submit an admission, acknowledgement of service, or defence within the required time, the claimant may apply for default judgment. This is a powerful remedy, as the claimant is entitled to judgment for the full amount claimed (for specified claims), or judgment with damages to be assessed (for unspecified claims).
Setting aside default judgment
If default judgment is entered, the defendant can apply to set it aside on two main grounds:
- Mandatory: The judgment was wrongly entered (for example, the defendant did respond within the required time). In this case, the court must set aside judgment.
- Discretionary: The defendant has a real prospect of successfully defending the claim, or there is another good reason to set aside.
Filing a defence
When serving a defence, the defendant should:
- Answer each allegation in the particulars of claim as admitted, denied (giving reasons), or not admitted (requiring proof).
- Clearly state their version of the relevant events if denying the claimant’s account.
- Include any legal arguments or defences raised (e.g., limitation, contract not valid).
- Attach a statement of truth verifying the contents.
Key Term: statement of truth
A formal declaration verifying the accuracy of a statement of case or other document, signed by a party or their legal representative.
Counterclaim
A defendant may also file a counterclaim with the defence, issued against the claimant.
Discontinuance and settlement
At any point after service of the claim, the claimant may discontinue (cease) their claim—this is usually by serving a notice of discontinuance. Alternatively, the parties may agree a settlement, in which case terms should be recorded in a consent order or Tomlin order.
Worked Example 1.1
A claim form and particulars of claim are served on Sara on 1 April. Sara disputes the claim but will be away for two weeks from 3 April. What should she do to preserve her position?
Answer:
Sara should immediately file an acknowledgement of service within 14 days of service, extending the time to file a defence from 14 to 28 days. This gives her extra time to prepare while ensuring she does not risk default judgment.
Worked Example 1.2
Tom is served with a claim for £10,000. He agrees he owes £4,000, but disputes the rest. What should he do to respond?
Answer:
Tom should return the admission form admitting £4,000 and file a defence disputing the balance within the time limit. The claimant may accept the partial admission or proceed with the defended amount.
Exam Warning
Failing to respond within the specified period leads to default judgment, which is difficult and costly to set aside. Time limits must be carefully diarised.
Revision Tip
For every question on responding to a claim, identify what documents have been served, when, and calculate all relevant deadlines before considering options.
Key Point Checklist
This article has covered the following key knowledge points:
- Defendants must choose a response—admit, acknowledge service, or defend—upon service of a civil claim.
- Time limits for responding are mandatory; default judgment may be entered if a defendant fails to respond in time.
- Admission forms must be completed honestly; partial admissions are permitted with supporting evidence.
- Filing an acknowledgement of service extends the deadline for a defence to 28 days from service of particulars of claim.
- A defence must address each allegation, include sufficient detail, and be accompanied by a statement of truth.
- Failure to respond opens the risk of a default judgment; applications to set aside default judgment require prompt action and good grounds.
Key Terms and Concepts
- admission
- acknowledgement of service
- defence
- default judgment
- time limit
- statement of truth