The County Court (Amendment) Rules 1989

Disposal hearings

4.  In Order 9 the following new rule shall be substituted for rule 3–

“Admission of part or request for time in default action

3.— (1) If within the period of 14 days mentioned in rule 2 the defendant in a default action delivers at the court office–

(a) an admission of part of the plaintiff’s claim, or

(b) an admission of the whole or part of the plaintiff’s claim accompanied by a request for time for payment,

the plaintiff shall, within 14 days of service on him of the proper officer’s notice under rule 2(2), notify the proper officer whether he accepts the amount admitted (if it is not the whole of the plaintiff’s claim) and any proposal as to the time of payment.

(2) If the plaintiff notifies the proper officer that he accepts the amount admitted (if it is not the whole of the plaintiff’s claim) and any proposal as to the time of payment, the registrar shall as soon as practicable enter judgment accordingly.

(3) If the plaintiff notifies the proper officer that he accepts the amount admitted and that he does not accept the defendant’s proposal as to time of payment, he shall in his notice give his reasons for the non-acceptance.

(4) Upon receipt of the plaintiff’s notice under paragraph (3) the registrar shall, if he considers that he has sufficient information to do so without the attendance of the parties, determine the time of payment and enter judgment accordingly.

(5) Where the registrar does not give judgment under paragraph (4), he shall direct that a day be fixed (in these rules called a day fixed for the disposal of the action) on which the time of payment will be determined and judgment entered by the court, whereupon the proper officer shall fix such a day and shall give to the plaintiff and the defendant not less than 8 days' notice of the day so fixed.

(6) Any party affected by a judgment given under paragraph (4) may, within 14 days of service on him of the judgment, apply for the order as to time of payment to be set aside and the proper officer shall fix a day for the hearing and give to the plaintiff and the defendant not less than 8 days' notice of the day so fixed.

(7) On hearing an application under paragraph (6), the registrar may set the order aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

(8) Order 37, rule 6 shall not apply to a judgment given or an order made under paragraph (4).

(9) If the defendant admits part of the plaintiff’s claim and the plaintiff notifies the proper officer that he does not accept the amount admitted, the proper officer shall fix a day for a pre-trial review or, if he thinks fit, a day for the hearing of the action and give to the plaintiff and defendant not less than 8 days' notice of the day so fixed.

(10) The disposal of an action under paragraph (5) or (7) may be conducted by the registrar sitting either in court or in chambers.

(11) Where the action is for unliquidated damages and the defendant delivers an admission of liability for the claim but disputes the amount of the plaintiff’s damages, then–

(a) if the defendant offers to pay in satisfaction of the claim a specific sum which the plaintiff accepts, the provisions of this rule shall apply as if the defendant had admitted part of the plaintiff’s claim; and

(b) in any other case, the plaintiff may apply to the court for such judgment as he may be entitled to upon the admission, and the court may give such judgment, including an interlocutory judgment for damages to be assessed and costs, or make such order on the application as it thinks just.

(12) Where it appears that the proper officer’s notice under rule 2(2) or the judgment under paragraph (4) did not come to the knowledge of the party to be served in due time, the court may of its own motion or upon application set aside the judgment and may give such directions as it thinks fit.”.