Search Legislation

Advanced Search

The Civil Procedure Rules 1998

Help about what version

What Version

Help about advanced features

Advanced Features

More Resources

Status:

Point in time view as at 03/10/2016.

Changes to legislation:

There are currently no known outstanding effects for the The Civil Procedure Rules 1998, PART 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 14E+WADMISSIONS

Contents of this Part

Making an admissionRule 14.1
Period for making an admissionRule 14.2
Admission by notice in writing—application for judgmentRule 14.3
Admission of whole of claim for specified amount of moneyRule 14.4
Admission of part of claim for specified amount of moneyRule 14.5
Admission of liability to pay whole of claim for unspecified amount of moneyRule 14.6
Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claimRule 14.7
[F1Request for judgment for an amount of money to be decided by the court – claims in the County Court Money Claims Centre] [F2Rule 14.7A]
Allocation of claims in relation to outstanding mattersRule 14.8
Request for time to payRule 14.9
Determination of rate of paymentRule 14.10
Determination of rate of payment by court officerRule 14.11
Determination of rate of payment by judgeRule 14.12
Right of re-determinationRule 14.13
InterestRule 14.14

Textual Amendments

[F3Admissions made after commencement of proceedings] E+W

14.1—(1) A party may admit the truth of the whole or any part of another party’s case.

(2) [F4The party] 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)

[F6(5) 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)

Textual Amendments

Commencement Information

I1Rule 14.1 in force at 26.4.1999, see Signature

[F7Admissions made before commencement of proceedingsE+W

14.1A—(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 [F8Practice Direction 14] if one of the following conditions is met—

(a)it is made after the party making it has received a [F9letter before claim] in accordance with the [F10Practice Direction (Pre-Action Conduct) or any] relevant pre-action protocol; or

(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.]

Textual Amendments

[F12Admissions made under the RTA Protocol [F13or the EL/PL Protocol] E+W

14.1B.—(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”) [F14or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL 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 [F15relevant 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.]

Textual Amendments

Period for making an admissionE+W

14.2—(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)[F16rule [F176.35]] (which specifies how the period for filing or returning an admission is calculated where the claim form is served out of the jurisdiction [F18under rule 6.32 or 6.33]); and

(b)rule [F196.12(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.

[F20(4) If the defendant does so, this Part shall apply as if the admission had been made within that period.]

Textual Amendments

Commencement Information

I2Rule 14.2 in force at 26.4.1999, see Signature

Admission by notice in writing—application for judgmentE+W

14.3—(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.

Commencement Information

I3Rule 14.3 in force at 26.4.1999, see Signature

Admission of whole of claim for specified amount of moneyE+W

14.4—(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 [F21they do] 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)

Textual Amendments

Commencement Information

I4Rule 14.4 in force at 26.4.1999, see Signature

Admission of part of a claim for a specified amount of moneyE+W

14.5—(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 [F22the return of] the notice stating that—

(a)[F23the claimant] accepts the amount admitted in satisfaction of the claim;

(b)[F23the claimant] 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, [F23the claimant] 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 F24....

(5) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until [F25the notice is filed].

(6) If the claimant accepts the amount admitted in satisfaction of the claim, [F26they] may obtain judgment by filing a request in the relevant practice form and, if [F27they do] 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 [F28they wish] the proceedings to continue, the procedure which then follows is set out in Part 26)

Textual Amendments

Commencement Information

I5Rule 14.5 in force at 26.4.1999, see Signature

Admission of liability to pay whole of claim for unspecified amount of moneyE+W

14.6—(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 [F29the claim is stayed until the request is filed.]

(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.

Textual Amendments

Commencement Information

I6Rule 14.6 in force at 26.4.1999, see Signature

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

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 [F30the return of the notice stating whether or not the claimant] accepts the amount in satisfaction of the claim.

(4) If the claimant does not file the notice within 14 days after it is served F31..., the claim is stayed(GL) until [F32the notice is filed].

(5) If the claimant accepts the offer [F33they] may obtain judgment by filing a request in the relevant practice form and if [F34they do] 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, [F35the claimant] 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.

Textual Amendments

Commencement Information

I7Rule 14.7 in force at 26.4.1999, see Signature

[F36Request for judgment for an amount of money to be decided by the court – claims in the County Court Money Claims CentreE+W

14.7A.—(1) If a claimant files a request for judgment in the County Court Money Claims Centre, for an amount of money to be decided by the court in accordance with rules 14.6 or14.7, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.]

Textual Amendments

Allocation of claims in relation to outstanding mattersE+W

14.8  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.

Commencement Information

I8Rule 14.8 in force at 26.4.1999, see Signature

Request for time to payE+W

14.9—(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, [F37they] 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)

Textual Amendments

Commencement Information

I9Rule 14.9 in force at 26.4.1999, see Signature

Determination of rate of paymentE+W

14.10—(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, [F38they] 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.

Textual Amendments

Commencement Information

I10Rule 14.10 in force at 26.4.1999, see Signature

Determination of rate of payment by court officerE+W

14.11—(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, [F39this must be done] without a hearing.

Textual Amendments

Commencement Information

I11Rule 14.11 in force at 26.4.1999, see Signature

Determination of rate of payment by judgeE+W

14.12—(1) Where a judge is to determine the time and rate of payment, [F40they] may do so without a hearing.

(2) Where a judge is to determine the time and rate of payment at a hearing, the proceedings [F41will] [F42, in the High Court] be transferred automatically [F43, or, in the County Court, be sent] 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 [F44or sent] to another defendant’s home court F45...;

(d)the claim was not started in the defendant’s home court; and

(e)the claim was not started in a specialist list.

F46...

[F47(2A) Where the judge is to determine the time and rate of payment at a hearing, the proceedings will be [F48sent to the preferred hearing centre] if—

(a)the only claim is for a specified amount of money;

(b)the claim [F49was started in the County Court];

(c)the defendant is not an individual; and

(d)the claim has not been [F50sent] to another court.]

(3) If there is to be a hearing to determine the time and rate of payment, the court [F51will] give each party at least 7 days' notice of the hearing.

Textual Amendments

Commencement Information

I12Rule 14.12 in force at 26.4.1999, see Signature

Right of re-determinationE+W

14.13—(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 [F52will] [F53, in the High Court] be transferred [F54, or, in the County Court, be sent] 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 [F55or sent] to another defendant’s home court F56...;

(d)the claim was not started in the defendant’s home court; and

(e)the claim was not started in a specialist list.

F57...

[F58(3A) Where an application for re-determination is made, the proceedings will be [F59sent to the preferred hearing centre] if—

(a)the only claim (apart from a claim for interest or costs) is for a specified amount of money;

(b)the claim [F60was started in the County Court];

(c)the defendant is not an individual; and

(d)the claim has not been transferred [F61or sent] to another court.]

Textual Amendments

Commencement Information

I13Rule 14.13 in force at 26.4.1999, see Signature

InterestE+W

14.14—(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)where interest is claimed under section 35A of the Supreme Court Act 1981(1) or section 69 of the County Courts Act 1984(2), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and

(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.

Commencement Information

I14Rule 14.14 in force at 26.4.1999, see Signature

(1)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(2)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

The data on this page is available in the alternative data formats listed: