PART 14ADMISSIONS
Words in Pt. 14 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 7(a)(ii)
Making an admission | Rule 14.1 |
Period for making an admission | Rule 14.2 |
Admission by notice in writing—application for judgment | Rule 14.3 |
Admission of whole of claim for specified amount of money | Rule 14.4 |
Admission of part of claim for specified amount of money | Rule 14.5 |
Admission of liability to pay whole of claim for unspecified amount of money | Rule 14.6 |
Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim | Rule 14.7 |
F15Automatic transfer | F16Rule 14.7A |
Allocation of claims in relation to outstanding matters | Rule 14.8 |
Request for time to pay | Rule 14.9 |
Determination of rate of payment | Rule 14.10 |
Determination of rate of payment by court officer | Rule 14.11 |
Determination of rate of payment by judge | Rule 14.12 |
Right of re-determination | Rule 14.13 |
Interest | Rule 14.14 |
F3Admissions made after commencement of proceedingsI114.1
1
A party may admit the truth of the whole or any part of another party’s case.
2
He may do this by giving notice in writing (such as in a statement of case or by letter).
3
Where the only remedy which the claimant is seeking is the payment of money, the defendant may also make an admission in accordance with—
a
rule 14.4 (admission of whole claim for specified amount of money);
b
rule 14.5 (admission of part of claim for specified amount of money);
c
rule 14.6 (admission of liability to pay whole of claim for unspecified amount of money); or
d
rule 14.7 (admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim).
4
Where the defendant makes an admission as mentioned in paragraph (3), the claimant has a right to enter judgment except where—
a
the defendant is a child or F5protected party; or
b
the claimant is a child or F5protected party and the admission is made under rule 14.5 or 14.7.
(Rule 21.10 provides that, where a claim is made by or on behalf of a child or F5protected party or against a child or F5protected party, no settlement, compromise or payment shall be valid, so far as it relates to that person’s claim, without the approval of the court)
F45
The permission of the court is required to amend or withdraw an admission.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
F2Admissions made before commencement of proceedings14.1A
1
A person may, by giving notice in writing, admit the truth of the whole or any part of another party’s case before commencement of proceedings (a ‘pre-action admission’).
2
Paragraphs (3) to (5) of this rule apply to a pre-action admission made in the types of proceedings listed at paragraph 1.1(2) of F12Practice Direction 14 if one of the following conditions is met—
a
b
it is made before such F11letter before claim has been received, but it is stated to be made under Part 14.
3
A person may, by giving notice in writing, withdraw a pre-action admission—
a
before commencement of proceedings, if the person to whom the admission was made agrees;
b
after commencement of proceedings, if all parties to the proceedings consent or with the permission of the court.
4
After commencement of proceedings—
a
any party may apply for judgment on the pre-action admission; and
b
the party who made the pre-action admission may apply to withdraw it.
5
An application to withdraw a pre-action admission or to enter judgment on such an admission—
a
must be made in accordance with Part 23;
b
may be made as a cross-application.
F13Admissions made under the RTA Protocol14.1B
1
This rule applies to a pre-action admission made in a case to which the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) applies.
2
The defendant may, by giving notice in writing withdraw an admission of causation—
a
before commencement of proceedings—
i
during the initial consideration period (or any extension to that period) as defined in the RTA Protocol; or
ii
at any time if the person to whom the admission was made agrees; or
b
after commencement of proceedings—
i
if all the parties to the proceedings consent; or
ii
with the permission of the court.
3
The defendant may, by giving notice in writing withdraw any other pre-action admission after commencement of proceedings—
a
if all the parties to the proceedings consent; or
b
with the permission of the court.
4
An application under rule 14.1B(2)(b)(ii) or (3)(b) to withdraw a pre-action admission must be made in accordance with Part 23.
Period for making an admissionI214.2
1
The period for returning an admission under rule 14.4 or for filing it under rules 14.5, 14.6 or 14.7 is—
a
where the defendant is served with a claim form which states that particulars of claim will follow, 14 days after service of the particulars; and
b
in any other case, 14 days after service of the claim form.
2
Paragraph (1) is subject to the following rules—
a
b
rule F86.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).
3
A defendant may return an admission under rule 14.4 or file it under rules 14.5, 14.6 or 14.7 after the end of the period for returning or filing it specified in paragraph (1) if the claimant has not obtained default judgment under Part 12.
4
If he does so, this Part shall apply as if he had made the admission within that period.
Admission by notice in writing—application for judgmentI314.3
1
Where a party makes an admission under rule 14.1(2) (admission by notice in writing), any other party may apply for judgment on the admission.
2
Judgment shall be such judgment as it appears to the court that the applicant is entitled to on the admission.
Admission of whole of claim for specified amount of moneyI414.4
1
This rule applies where—
a
the only remedy which the claimant is seeking is the payment of a specified amount of money; and
b
the defendant admits the whole of the claim.
2
The defendant may admit the claim by returning to the claimant an admission in the relevant practice form.
3
The claimant 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 (4) to (6) will apply;
b
if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
4
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.
5
On receipt of the request for judgment the court will enter judgment.
6
Judgment will be for the amount of the claim (less any payments made) and costs—
a
to be paid by the date or at the rate specified in the request for judgment; or
b
if none is specified, immediately.
(Rule 14.14 deals with the circumstances in which judgment under this rule may include interest)
Admission of part of a claim for a specified amount of moneyI514.5
1
This rule applies where—
a
the only remedy which the claimant is seeking is the payment of a specified amount of money; and
b
the defendant admits part of the claim.
2
The defendant may admit part of 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 that—
a
he accepts the amount admitted in satisfaction of the claim;
b
he does not accept the amount admitted by the defendant and wishes the proceedings to continue; or
c
if the defendant has requested time to pay, he accepts the amount admitted in satisfaction of the claim, but not the defendant’s proposals as to payment.
4
The claimant must—
a
file the notice; and
b
serve a copy on the defendant,
within 14 days after it is served on him.
5
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.
6
If the claimant accepts the amount admitted in satisfaction of the claim, 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 (7) to (9) will apply;
b
if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
7
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 time and rate at which it is to be paid by instalments.
8
On receipt of the request for judgment, the court will enter judgment.
9
Judgment will be for the amount admitted (less any payments made) and costs—
a
to be paid by the date or at the rate specified in the request for judgment; or
b
if none is specified, immediately.
(If the claimant files notice under paragraph (3) that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)
Admission of liability to pay whole of claim for unspecified amount of moneyI614.6
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 admits liability but does not offer 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 copy on the claimant.
4
The claimant may obtain judgment by filing a request in the relevant practice form.
5
If the claimant does not file a request for judgment within 14 days after service of the admission on him, the claim is stayed(GL) until he files the request.
6
On receipt of the request for judgment the court will enter judgment.
7
Judgment will be for an amount to be decided by the court and costs.
Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claimI714.7
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.
F14Automatic Transfer14.7A
If—
a
a claimant files a request for judgment for an amount of money to be decided by the court in accordance with rule 14.6 or 14.7; and
b
the claim is a designated money claim,
the court will transfer the claim to the preferred court.
Allocation of claims in relation to outstanding mattersI814.8
Where the court enters judgment under rule 14.6 or 14.7 for an amount to be decided by the court it will—
a
give any directions it considers appropriate; and
b
if it considers it appropriate, allocate the case.
Request for time to payI914.9
1
A defendant who makes an admission under rules 14.4, 14.5 or 14.7 (admission relating to a claim for a specified amount of money or offering to pay a specified amount of money) may make a request for time to pay.
2
A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.
3
The defendant’s request for time to pay must be served or filed (as the case may be) with his admission.
4
If the claimant accepts the defendant’s request, he may obtain judgment by filing a request in the relevant practice form.
5
On receipt of the request for judgment, the court will enter judgment.
6
Judgment will be—
a
where rule 14.4 applies, for the amount of the claim (less any payments made) and costs;
b
where rule 14.5 applies, for the amount admitted (less any payments made) and costs; or
c
where rule 14.7 applies, for the amount offered by the defendant (less any payments made) and costs; and
(in all cases) will be for payment at the time and rate specified in the defendant’s request for time to pay.
(Rule 14.10 sets out the procedure to be followed if the claimant does not accept the defendant’s request for time to pay)
Determination of rate of paymentI1014.10
1
This rule applies where the defendant makes a request for time to pay under rule 14.9.
2
If the claimant does not accept the defendant’s proposals for payment, he must file a notice in the relevant practice form.
3
Where the defendant’s admission was served direct on the claimant, a copy of the admission and the request for time to pay must be filed with the claimant’s notice.
4
When the court receives the claimant’s notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court.
Determination of rate of payment by court officerI1114.11
1
A court officer may exercise the powers of the court under rule 14.10(4) where the amount outstanding (including costs) is not more than £50,000.
2
Where a court officer is to determine the time and rate of payment, he must do so without a hearing.
Determination of rate of payment by judgeI1214.12
1
Where a judge is to determine the time and rate of payment, he may do so without a hearing.
2
Where a judge is to determine the time and rate of payment at a hearing, the proceedings F19will be transferred automatically to the defendant’s home court if—
a
the only claim is for a specified amount of money;
b
the defendant is an individual;
c
the claim has not been transferred to another defendant’s home court F20...;
d
the claim was not started in the defendant’s home court; and
e
the claim was not started in a specialist list.
F17...
F182A
Where the judge is to determine the time and rate of payment at a hearing, the proceedings will be transferred automatically to the preferred court if—
a
the only claim is for a specified amount of money;
b
the claim is a designated money claim;
c
the defendant is not an individual; and
d
the claim has not been transferred to another court.
3
If there is to be a hearing to determine the time and rate of payment, the court F21will give each party at least 7 days' notice of the hearing.
Right of re-determinationI1314.13
1
Where—
a
a court officer has determined the time and rate of payment under rule 14.11; or
b
a judge has determined the time and rate of payment under rule 14.12 without a hearing, either party may apply for the decision to be re-determined by a judge.
2
An application for re-determination must be made within 14 days after service of the determination on the applicant.
3
Where an application for re-determination is made, the proceedings F24will be transferred to the defendant’s home court if—
a
the only claim (apart from a claim for interest or costs) is for a specified amount of money;
b
the defendant is an individual;
c
the claim has not been transferred to another defendant’s home court F25...;
d
the claim was not started in the defendant’s home court; and
e
the claim was not started in a specialist list.
F23...
F223A
Where an application for re-determination is made, the proceedings will be transferred to the preferred court if—
a
the only claim (apart from a claim for interest or costs) is for a specified amount of money;
b
the claim is a designated money claim;
c
the defendant is not an individual; and
d
the claim has not been transferred to another court.
InterestI1414.14
1
Judgment under rule 14.4 (admission of whole of claim for specified amount of money) shall include the amount of interest claimed to the date of judgment if—
a
the particulars of claim include the details required by rule 16.4;
b
c
the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.
2
In any case where judgment is entered under rule 14.4 and the conditions in paragraph (1) are not satisfied judgment shall be for an amount of interest to be decided by the court.
3
Where judgment is entered for an amount of interest to be decided by the court, the court will give directions for the management of the case.
Words in Pt. 14 Table of Contents inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 7(a)(i)