Chwilio Deddfwriaeth

The Civil Procedure Rules 1998

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim

14.7—(1) This rule applies where—

(a)the only remedy which the claimant is seeking is the payment of money;

(b)the amount of the claim is not specified; and

(c)the defendant—

(i)admits liability; and

(ii)offers to pay a specified amount of money in satisfaction of the claim.

(2) The defendant may admit the claim by filing an admission in the relevant practice form.

(3) On receipt of the admission, the court will serve a notice on the claimant requiring him to return the notice stating whether or not he accepts the amount in satisfaction of the claim.

(4) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until he files the notice.

(5) If the claimant accepts the offer he may obtain judgment by filing a request in the relevant practice form and if he does so—

(a)if the defendant has not requested time to pay, the procedure in paragraphs (6) to (8) will apply;

(b)if the defendant has requested time to pay, the procedure in rule 14.9 will apply.

(6) The claimant may specify in his request for judgment—

(a)the date by which the whole of the judgment debt is to be paid; or

(b)the times and rate at which it is to be paid by instalments.

(7) On receipt of the request for judgment, the court will enter judgment.

(8) Judgment will be for the amount offered by the defendant (less any payments made) and costs—

(a)to be paid on the date or at the rate specified in the request for judgment; or

(b)if none is specified, immediately.

(9) If the claimant does not accept the amount offered by the defendant, he may obtain judgment by filing a request in the relevant practice form.

(10) Judgment under paragraph (9) will be for an amount to be decided by the court and costs.

Yn ôl i’r brig

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