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 partys 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 -- rule 14.4 (admission of whole claim for specified
amount of money);
- rule 14.5 (admission of part of claim for
specified amount of money);
- rule 14.6 (admission of liability to pay whole of
claim for unspecified amount of money); or
- 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
-- the defendant is a child or patient; or
- the claimant is a child or patient 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 patient or against a child or patient, no settlement,
compromise or payment shall be valid, so far as it relates to that
persons claim, without the approval of the court)
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(5)
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The court may allow a party 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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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 -- 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
- 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
-- rule 6.22 (which specifies how the period for
filing or returning an admission is calculated where the claim form is served
out of the jurisdiction); and
- rule 6.16(4) (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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14.4
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(1)
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This rule applies where -- the only remedy which the claimant is seeking is
the payment of a specified amount of money; and
- 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 -- if the defendant has not requested time to pay,
the procedure in paragraphs (4) to (6) will apply;
- 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
-- the date by which the whole of the judgment debt
is to be paid; or
- 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 -- to be paid by the date or at the rate specified
in the request for judgment; or
- 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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14.5
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(1)
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This rule applies where -- the only remedy which the claimant is seeking is
the payment of a specified amount of money; and
- 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
-- he accepts the amount admitted in satisfaction of
the claim;
- he does not accept the amount admitted by the
defendant and wishes the proceedings to continue; or
- if the defendant has requested time to pay, he
accepts the amount admitted in satisfaction of the claim, but not the
defendants proposals as to payment.
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(4)
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The claimant must -- file the notice; and
- serve a copy on the defendant, 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 -- if the defendant has not requested time to pay,
the procedure in paragraphs (7) to (9) will apply;
- 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
-- the date by which the whole of the judgment debt
is to be paid; or
- 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 -- to be paid by the date or at the rate specified
in the request for judgment; or
- 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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14.6
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(1)
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This rule applies where -- the only remedy which the claimant is seeking is
the payment of money;
- the amount of the claim is not specified;
and
- 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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14.7
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(1)
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This rule applies where -- the only remedy which the claimant is seeking is
the payment of money;
- the amount of the claim is not specified;
and
- the defendant -
- admits liability; and
- 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
-- if the defendant has not requested time to pay,
the procedure in paragraphs (6) to (8) will apply;
- 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
-- the date by which the whole of the judgment debt
is to be paid; or
- 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 -- to be paid on the date or at the rate specified
in the request for judgment; or
- 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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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 defendants 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 defendants 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 -- where rule 14.4 applies, for the amount of the
claim (less any payments made) and costs;
- where rule 14.5 applies, for the amount admitted
(less any payments made) and costs; or
- 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 defendants request for
time to pay.
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(Rule 14.10 sets out the procedure to be followed if the
claimant does not accept the defendants request for time to pay)
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