We are continuing our series on Civil Procedure Rules, highlighting some of the little known but common rules and hopefully explaining them in plain English.

We are now looking at the whole of Part 9 – Responding to Particulars of Claim – General, Rules 9.1 and 9.2.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part09

Rule 9.1 deals with what the Defendant can do (or in that case may do) when they receive the Claim Form without a Particulars of Claim. If the Claim Form states that the Particulars of Claim are to follow (which is an option where a Claimant may want to issue a claim but not immediately proceed with it – or may be the case where a Claimant uses Money Claim Online – see our video regarding Money Claim Online here: https://youtu.be/Cea3DuQtzvM then the Defendant does not need to respond. Naturally, when you receive Court papers, they can be pretty scary, so people should be encouraged to read them carefully to see if the Particulars of Claim are to follow or not. (Sometimes, the Particulars of Claim can be included on the Claim Form).

Feel free to contact us for free initial advice if you’re not sure (free appointments here: https://lawtap.com/uk/lawyer/philip-nam.html).

Rule 9.2 is what the Defendant may do when they do receive the Particulars of Claim. The Response Pack which was mentioned in our last blog (on Rule 7.8) gives the Defendant certain forms (N9, N9A to N9D, N210, N210A to N210C) allowing them to admit the claim in full, partially admit the claim, defend the claim or acknowledge the claim.

Normally, a defendant has 14 days to take one of the steps mentioned in Rule 9.2 so early advice is certainly preferable (push the free consultation again.)

If a Defendant decides to file an acknowledgement of service, then this will give the Defendant an additional 14 days to file a defence which can also be extended by agreement.

You can find the full Civil Procedure Rules online (currently) at https://www.justice.gov.uk/courts/procedure-rules/civil/rules

Any questions or support with the above please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.