See also Practice Direction
14
Part
14
ADMISSIONS
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Admissions
made after commencement of proceedings
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14.1 |
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| | (1)
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A party may admit the truth of the whole or any part of
another party’s case.
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| | (2)
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He may do this by giving notice in writing (such as in
a statement of case or by letter).
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| | (3)
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Where the only remedy which the claimant is seeking is
the payment of money, the defendant may also make an admission in accordance
with –
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| | (a)
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rule 14.4 (admission of whole claim for specified
amount of money);
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| | (b)
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rule 14.5 (admission of part of claim for
specified amount of money);
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| | (c)
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rule 14.6 (admission of liability to pay whole of
claim for unspecified amount of money); or
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| | (d)
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rule 14.7 (admission of liability to pay claim
for unspecified amount of money where defendant offers a sum in satisfaction of
the claim).
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| | (4)
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Where the defendant makes an admission as mentioned in
paragraph (3), the claimant has a right to enter judgment except where
–
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| | (a)
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the defendant is a child or protected
party; or
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| | (b)
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the claimant is a child or protected
party and the admission is made
under rule 14.5 or 14.7.
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(Rule 21.10 provides that, where a claim is made by or on
behalf of a child or protected
party or against a child or protected
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)
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| | (5)
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The
permission of the court is required to amend or withdraw an admission.
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(Rule 3.1(3) provides that the court may attach conditions
when it makes an order)
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Heading to Rule 14 amended w/e from 6 April 2007,
Text in Rule 14.1(5) amended w/e from 6 April 2007,
Text substituted in Rule 14.1(4)
w/e from 1 October 2007. |
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Admissions made before commencement of
proceedings
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14.1A |
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| | (1)
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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’).
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| | (2)
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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 the Practice Direction to this Part if one of the following
conditions is met –
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| | (a)
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it is made after the party
making it has received a letter of claim in accordance with the relevant
pre-action protocol; or
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| | (b)
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it is made before such letter
of claim has been received, but it is stated to be made under Part
14.
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| | (3)
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A person may, by giving notice in
writing, withdraw a pre-action admission –
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| | (a)
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before commencement of
proceedings, if the person to whom the admission was made agrees;
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| | (b)
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after commencement of
proceedings, if all parties to the proceedings consent or with the permission
of the court.
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|
| | (4)
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After commencement of proceedings
–
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| | (a)
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any party may apply for
judgment on the pre-action admission; and
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|
| | (b)
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the party who made the
pre-action admission may apply to withdraw it.
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| | (5)
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An application to withdraw a
pre-action admission or to enter judgment on such an admission –
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| | (a)
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must be made in accordance with
Part 23;
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| | (b)
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may be made as a
cross-application.
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| Rule 14.1A inserted w/e from 6 April 2007. |
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Period for making an admission
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14.2 |
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| | (1)
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The period for returning an admission under rule 14.4 or for filing it under rules 14.5, 14.6 or 14.7 is –
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| | (a)
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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
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| | (b)
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in any other case, 14 days after service of the
claim form.
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| | (2)
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Paragraph (1) is subject to the following rules
–
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| | (a)
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rule 6.35 (which
specifies how the period for filing or returning an admission is calculated
where the claim form is served out of the jurisdiction under
rule 6.32 or 6.33); and
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|
| | (b)
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rule 6.12(3) (which
requires the court to specify the period for responding to the particulars of
claim when it makes an order under that rule).
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| | (3)
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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.
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|
| | (4)
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If he does so, this Part shall apply as if he had made
the admission within that period.
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Text inserted in Rule 14.2(2)(a) w/e from 1 October 2008,
Text substituted in Rule 14.2(2)(a) and Rule14.2(2)(b) w/e from 1 October 2008. |
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Admission by notice in writing – application for
judgment
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14.3 |
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| | (1)
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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.
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| | (2)
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Judgment shall be such judgment as it appears to the
court that the applicant is entitled to on the admission.
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Admission of whole of claim for specified amount of
money
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14.4 |
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| | (1)
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This rule applies where –
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| | (a)
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the only remedy which the claimant is seeking is
the payment of a specified amount of money; and
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| | (b)
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the defendant admits the whole of the
claim.
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| | (2)
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The defendant may admit the claim by returning to the
claimant an admission in the relevant practice form.
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| | (3)
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The claimant may obtain judgment by filing a request in
the relevant practice form and, if he does so –
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| | (a)
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if the defendant has not requested time to pay,
the procedure in paragraphs (4) to (6) will apply;
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| | (b)
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if the defendant has requested time to pay, the
procedure in rule 14.9 will apply.
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|
| | (4)
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The claimant may specify in his request for judgment
–
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| | (a)
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the date by which the whole of the judgment debt is to be paid; or
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| | (b)
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the times and rate at which it is to be paid by
instalments.
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| | (5)
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On receipt of the request for judgment the court will
enter judgment.
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| | (6)
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Judgment will be for the amount of the claim (less any
payments made) and costs –
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| | (a)
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to be paid by the date or at the rate specified
in the request for judgment; or
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| | (b)
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if none is specified, immediately.
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(Rule 14.14 deals with the circumstances in which
judgment under this rule may include interest)
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| This Rule is referred to in: Part 08 (8.9), Part 12 (12.3), Part 40 (40.2), Part 45 (45.1), (45.4A), (45.4A), PDP 07e (13.1), PDP 12 (4.1), PDP 14 (7.2), QB Guide - Chapter 6 (6.7), Court Service Guide (Intro), Court Service Guide (Intro), Sowerby v Charlton [14], [18]. |
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Admission of part of a claim for a specified amount of
money
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14.5 |
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| | (1)
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This rule applies where –
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| | (a)
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the only remedy which the claimant is seeking is
the payment of a specified amount of money; and
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| | (b)
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the defendant admits part of the claim.
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| | (2)
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The defendant may admit part of the claim by filing an
admission in the relevant practice form.
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| | (3)
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On receipt of the admission, the court will serve a
notice on the claimant requiring him to return the notice stating that
–
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| | (a)
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he accepts the amount admitted in satisfaction of
the claim;
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| | (b)
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he does not accept the amount admitted by the
defendant and wishes the proceedings to continue; or
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| | (c)
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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.
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| | (4)
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The claimant must –
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| | (b)
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serve a copy on the defendant,
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within 14 days after it is served on him.
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| | (5)
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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.
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| | (6)
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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 –
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| | (a)
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if the defendant has not requested time to pay,
the procedure in paragraphs (7) to (9) will apply;
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| | (b)
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if the defendant has requested time to pay, the
procedure in rule 14.9 will apply.
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|
| | (7)
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The claimant may specify in his request for judgment
–
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| | (a)
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the date by which the whole of the judgment debt is to be paid; or
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| | (b)
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the time and rate at which it is to be paid by
instalments.
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| | (8)
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On receipt of the request for judgment, the court will
enter judgment.
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| | (9)
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Judgment will be for the amount admitted (less any
payments made) and costs –
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| | (a)
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to be paid by the date or at the rate specified
in the request for judgment; or
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| | (b)
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if none is specified, immediately.
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(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)
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| This Rule is referred to in: Part 26 (26.2), (26.2), (26.3), (26.3), Part 40 (40.2), Part 45 (45.1), (45.4A), (45.4A), Part 58 (58.9), Part 59 (59.8), PDP 04 (3.2), PDP 07e (6.1), PDP 14 (1.2), (7.2), Court Service Guide (Intro). |
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Admission of liability to pay whole of claim for
unspecified amount of money
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14.6 |
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| | (1)
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This rule applies where –
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| | (a)
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the only remedy which the claimant is seeking is
the payment of money;
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| | (b)
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the amount of the claim is not specified;
and
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| | (c)
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the defendant admits liability but does not offer
to pay a specified amount of money in satisfaction of the claim.
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| | (2)
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The defendant may admit the claim by filing an
admission in the relevant practice form.
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| | (3)
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On receipt of the admission, the court will serve a
copy on the claimant.
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| | (4)
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The claimant may obtain judgment by filing a request in
the relevant practice form.
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| | (5)
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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.
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| | (6)
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On receipt of the request for judgment the court will
enter judgment.
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| | (7)
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Judgment will be for an amount to be decided by the
court and costs.
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Admission of liability to pay claim for unspecified
amount of money where defendant offers a sum in satisfaction of the
claim
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14.7 |
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| | (1)
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This rule applies where –
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| | (a)
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the only remedy which the claimant is seeking is
the payment of money;
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| | (b)
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the amount of the claim is not specified;
and
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| | (c)
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the defendant –
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| | (i)
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admits liability; and
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| | (ii)
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offers to pay a specified amount of money
in satisfaction of the claim.
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| | (2)
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The defendant may admit the claim by filing an
admission in the relevant practice form.
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| | (3)
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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.
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|
| | (4)
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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.
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| | (5)
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If the claimant accepts the offer he may obtain
judgment by filing a request in the relevant practice form and if he does so
–
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if the defendant has not requested time to pay,
the procedure in paragraphs (6) to (8) will apply;
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| | (b)
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if the defendant has requested time to pay, the
procedure in rule 14.9 will apply.
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|
| | (6)
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The claimant may specify in his request for judgment
–
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| | (a)
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the date by which the whole of the judgment debt is to be paid; or
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| | (b)
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the times and rate at which it is to be paid by
instalments.
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|
| | (7)
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On receipt of the request for judgment, the court will
enter judgment.
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| | (8)
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Judgment will be for the amount offered by the
defendant (less any payments made) and costs –
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| | (a)
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to be paid on the date or at the rate specified
in the request for judgment; or
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| | (b)
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if none is specified, immediately.
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| | (9)
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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.
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| | (10)
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Judgment under paragraph (9) will be for an amount to
be decided by the court and costs.
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| This Rule is referred to in: Part 08 (8.9), Part 12 (12.3), Part 40 (40.2), PDP 04 (3.2), PDP 14 (1.2), (7.2), QB Guide - Chapter 5 (5.3), QB Guide - Chapter 6 (6.7), Court Service Guide (Intro), Court Service Guide (Intro), Sowerby v Charlton [14], [18]. |
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Allocation of claims in relation to outstanding
matters
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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 –
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| | (a)
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give any directions it considers appropriate;
and
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| | (b)
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if it considers it appropriate, allocate the
case.
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Request for time to pay
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14.9 |
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| | (1)
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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.
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| | (2)
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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.
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| | (3)
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The defendant’s request for time to pay must be
served or filed (as the case may be) with his admission.
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|
| | (4)
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If the claimant accepts the defendant’s request,
he may obtain judgment by filing a request in the relevant practice
form.
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| | (5)
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On receipt of the request for judgment, the court will
enter judgment.
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| | (6)
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Judgment will be –
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| | (a)
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where rule 14.4 applies, for the amount of the
claim (less any payments made) and costs;
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| | (b)
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where rule 14.5 applies, for the amount admitted
(less any payments made) and costs; or
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| | (c)
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where rule 14.7 applies, for the amount offered
by the defendant (less any payments made) and costs; and
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(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)
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Determination of rate of payment
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14.10 |
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| | (1)
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This rule applies where the defendant makes a request
for time to pay under rule 14.9.
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| | (2)
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If the claimant does not accept the defendant’s
proposals for payment, he must file a notice in the relevant practice
form.
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| | (3)
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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.
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|
| | (4)
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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.
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Determination of rate of payment by court
officer
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14.11 |
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| | (1)
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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.
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| | (2)
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Where a court officer is to determine the time and rate
of payment, he must do so without a hearing.
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Determination of rate of payment by
judge
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14.12 |
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| | (1)
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Where a judge is to determine the time and rate of
payment, he may do so without a hearing.
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| | (2)
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Where a judge is to determine the time and rate of
payment at a hearing, the proceedings must be transferred automatically to the
defendant’s home court if –
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| | (a)
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the only claim is for a specified amount of
money;
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| | (b)
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the defendant is an individual;
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| | (c)
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the claim has not been transferred to another
defendant’s home court under rule 13.4 (application to set
aside(GL) or vary default judgment – procedure) or
rule 26.2 (automatic transfer);
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|
| | (d)
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the claim was not started in the
defendant’s home court; and
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|
| | (e)
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the claim was not started in a specialist
list.
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(Rule 2.3 explains which court is a defendant’s
home court)
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|
| | (3)
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If there is to be a hearing to determine the time and
rate of payment, the court must give each party at least 7 days’ notice
of the hearing.
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Right of re-determination
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14.13 |
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| | (1)
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Where –
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| | (a)
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a court officer has determined the time and rate
of payment under rule 14.11; or
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|
| | (b)
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a judge has determined the time and rate of
payment under rule 14.12 without a hearing,
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either party may apply for the decision to be
re-determined by a judge.
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|
| | (2)
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An application for re-determination
must be made within 14 days after service of the
determination on the applicant.
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|
| | (3)
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Where an application for re-determination
is made, the proceedings must be transferred to the
defendant’s home court if –
|
| | (a)
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the only claim (apart from a claim for interest
or costs) is for a specified amount of money;
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|
| | (b)
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the defendant is an individual;
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|
| | (c)
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the claim has not been transferred to another
defendant’s home court under rule 13.4 (application to set
aside(GL) or vary default judgment – procedure) or
rule 26.2 (automatic transfer);
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|
| | (d)
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the claim was not started in the
defendant’s home court; and
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|
| | (e)
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the claim was not started in a specialist
list.
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(Rule 2.3 explains which court is a defendant’s
home court)
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Interest
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14.14 |
|
| | (1)
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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;
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|
| | (b)
|
where interest is claimed under section 35A of
the Supreme Court Act 1981Acts1 or
section 69 of the County Courts Act 1984Acts2, the
rate is no higher than the rate of interest payable on judgment debts at the
date when the claim form was issued; and
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|
| | (c)
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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.
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|
| | (2)
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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.
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|
| | (3)
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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.
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