PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT

Contents of this Practice Direction

TitleParagraph number
SECTION 1 – Definitions and interpretationParagraph 1.1
SECTION 2 – Scope of the pilotParagraph 2.1
SECTION 3 – Court to keep the parties updated on the progress of the proceedingsParagraph 3.1
SECTION 4 – Starting an online claim 
Starting an online claimParagraph 4.1
Making changes to the claim formParagraph 4.2
Issue and service of the claim by the courtParagraph 4.3
SECTION 5 – Defendant’s response online - generalParagraphs 5.1
SECTION 6 – Defendant's response online - defendant only defends the whole of the claim, and makes no other response 
Sub-section A - IntroductionParagraph 6.1
Sub-section B – “new feature” – defendant claiming they have paid in full, but willing to negotiateParagraph 6.2
Sub-section C – “new feature” – defendant claiming they have paid in full, and not willing to negotiateParagraph 6.3
Sub-section D – defendant defends for reasons other than that the amount has been paid in full, but defendant willing to negotiateParagraph 6.4
Sub-section E - defendant defends for reasons other than that the amount has been paid in full, and defendant not willing to negotiateParagraph 6.5
Sub-section F – under Section 6, sending claims out of Online Civil Money ClaimsParagraph 6.6
SECTION 7 -  New features – Defendant's response online – Defendant responds only to admit the claim in whole or part and defend the rest of the claim 
Sub-section A - Introduction to the SectionParagraph 7.1
Sub-section B - Defendant admits the whole of the claim using form OCON9A and makes no other responseParagraphs 7.2 to 7.17
Sub-section C - Defendant’s response online – defendant responds to admit part of the claim only, and makes no other responseParagraphs 7.18 to 7.36
Sub-section D - Part admission and defence of the rest of the claimParagraphs 7.37 to 7.44
Sub-section E – Full and part admission – change of circumstancesParagraphs 7.45 to  7.46
Sub-section F – Admission online, but not in the form of OCON9AParagraph 7.47
SECTION 8 -  Defendant's response online - Defendant counterclaims [This Section is blank at present] 
SECTION 9 – Defendant’s response online – alternative responsesParagraph 9.1
SECTION 10 – Defendant’s response on paperParagraph 10.1
SECTION 10A – Informing the court that the claim has been settledParagraph 10A.1
SECTION 11 – Consequences of the defendant failing to respond on time 
Consequences of the defendant failing to respond to the court on time: judgment in defaultParagraph 11.1
What happens when the defendant does not respond, and the claimant does not take further action against the defendant, for 6 monthsParagraph 11.2
SECTION 12 - – What happens where there has been no action on a claim for 6 monthsParagraph 12.1
SECTION 13 – Confirming that the contents of claim forms, response forms and paper response forms are true (statements of truth)Paragraph 13.1
SECTION 14 – Submitting documents at court – timing of submitting and responsibility for submitting on timeParagraph 14.1
SECTION 15 - Form of judgments – standard requirementsParagraph 15.1
SECTION 16 – Process for resuming a claim that has been stayed (“lifting” a stay)Paragraph 16.1
SECTION 17 – Procedure where the parties make an application or request to the court not covered by online civil money claimsParagraph 17.1
SECTION 18 – Parties or the court requiring the claim to be sent out of Online Civil Money Claims 
The claimant or defendant no longer wishes to take part in Online Civil Money ClaimsParagraph 18.1
Court considers that a claim is not – or is no longer – suitable for Online Civil Money ClaimsParagraph 18.2
SECTION 19 – Process for sending a claim out of Online Civil Money Claims where no other provision appliesParagraph 19.1
ANNEX A – Formula for calculation by the court of repayment terms 

SECTION 1 - DEFINITIONS AND INTERPRETATION

1.1 Definitions

1.1(1) "affordability calculation” means a calculation made electronically by the court, by applying a formula to information submitted by the parties. The explanation of the formula is set out in Annex A. The purpose of the calculation is to establish what rate of repayment of an amount of money that a defendant is likely to be able to afford;

1.1(2) “affordability calculation repayment plan” means a plan that sets out the rate of repayment established by the affordability calculation.

1.1(3) "all proceedings order” means an “all proceedings order” under section 42(1A) of the Senior Courts Act 1981;

1.1(4) "alternative response” has the meaning given by paragraph 9.1;

1.1(5) "CCBC” means the County Court Business Centre;

1.1(6). “civil proceedings order” means a “civil proceedings order” under section 42(1A) of the Senior Courts Act 1981;

1.1(7).  “civil restraint order” means an order restraining a party from –

(a) making any further applications in current proceedings (a limited restraint order);

(b) issuing certain claims or making certain applications in specified courts (an extended civil restraint order); or

(c) issuing any claim or making any application in specified courts (a general restraint order);

1.1(8) “claimant” means the person who makes an online claim against another person;

1.1(9) “contact details” means a party’s email address and/or telephone number;

1.1(10) “the defendant” means the person that the claimant is making the claim against;

1.1(11) “defendant’s home court” means the County Court hearing centre serving the address where the defendant resides or carries on business;

1.1(12). “directions” means an order by the court dealing with procedural matters, for example an order setting out the dates by which certain steps must be taken;

1.1(13) “enter judgment” means the court makes and records a judgment;

1.1(14). “HMCTS” means Her Majesty’s Courts and Tribunals Service;

1.1(15) “legal adviser” has the meaning given in paragraph 1.2(b) of Civil Procedure Rules Practice Direction 2E – Jurisdiction of the county court that may be exercised by a legal adviser;

1.1(16). “legal representative” has the meaning given in Civil Procedure Rule 2.3(1);

1.1(17)   “new features” means any features of the Online Civil Money Claims process that are in an earlier stage of development, and that are only available for claims where the claimant has volunteered their claim to test those features, and the claim has been specifically selected to test those features;

1.1(18) “online claim” is a claim that is allowed by paragraph 2.1(3) of this practice direction to be brought using the Online Civil Money Claims process;

1.1(19). “online claim form” means form OCON1 found on the Online Civil Money Claims website that is the form that the claimant must use to make an online claim;

1.1(20). “the OCMC website” means the website that hosts Online Civil Money Claims and that can be found at the following website address: www.moneyclaims.service.gov.uk, and accessible for claimants at www.gov.uk/make-money-claim, and for defendants at www.gov.uk/respond-money-claim;

1.1(21). “paper response form” means Form OCPN9A – Admission (specified amount), or Form OCPN9B – Defence and Counterclaim (specified amount), that is sent in paper copy to a defendant who is unable to respond to the claim using the OCMC website, which that defendant must use to respond on paper instead;

1.1(22). “protected party” has the meaning given in Civil Procedure Rule 21.1(2);

1.1(23) “regulated agreement” has the meaning given in section 189 of the Consumer Credit Act 1974;

1.1(24) “repayment plan” means the plan that sets out the terms that a claimant or defendant may propose for the repayment of an amount of money, which could be payment so that the claimant receives it by a date that is more than 5 days after the date of admission, or payment by instalments.

1.1(25). “response form” means the relevant form that a defendant who is able to use the OCMC website must use to provide the detail of their response to the claim and as set out in Table A to paragraph 5.1(3);

1.1(26). “stay”, in relation to proceedings, means an order of the court that stops the proceedings from progressing, apart from taking any steps allowed by the Civil Procedure Rules including this practice direction or allowed by the terms of the stay. If the stay is “lifted” by the court, it means that the proceedings are allowed to resume.

1.2 Interpretation – “completion” of forms, and signing of forms

1.2(1)For the purposes of this practice direction, a party completes a form by completing all parts of the form that are relevant to the proceedings that the party is involved in.

1.2(2)  If a person is required to sign a form, that form is signed by that person entering their name in the required field in an online form, or manually signing at the appropriate place on a paper form.

SECTION 2 - SCOPE OF THE PILOT

2.1 Scope of this Pilot

2.1(1) The purpose of this practice direction is to establish a pilot to test an online claims process, called “Online Civil Money Claims”. Claimants who could otherwise make their claim through the main Money Claim Online system may use the pilot to make their claim, if their claim is suitable for the pilot. (Sub-paragraph (3) sets out the conditions that need to be met for a claim to be suitable for the pilot). The pilot is to run from 7th August 2017 to 30th November 2019. The pilot applies in the County Court.

2.1(2). As with other Money Claim Online claims, claims started using Online Civil Money Claims will be issued in the County Court Business Centre (“CCBC”) and will proceed at the CCBC under the pilot unless they are sent out of the pilot. (If a claim is sent out of the pilot and sent to the CCBC, the claim will be handled at the CCBC, but outside the pilot.) Normally, documents should be submitted to the court electronically using the "OCMC website" (as defined). However, if this is not possible, the address for submitting documents in paper copy is: Online Civil Money Claims, County Court Business Centre, St Katharine’s House, 21-27 St. Katharine’s Street, Northampton, NN1 2LH, DX 702885 Northampton 7.

2.1(3) claim is only suitable for the pilot if all the following conditions are met–

(a) the claim is a claim for a specified amount of money not exceeding £10,000 including interest;

(b). the claim would not ordinarily follow the Part 8 procedure;

(c). the claim is not being brought under the Consumer Credit Act 1974 unless it is brought under section 141 of that Act, to enforce a “regulated agreement” (as defined) relating only to money;

(d) the claimant will not be getting help with bringing the claim from a “legal representative” (as defined);

(e). the claim is not for personal injury;

(f) there is only one claimant making the claim, and the claimant informs the court that there is only one defendant;

(g). the claimant is aged 18 years or older;

(h). the claimant is not a “protected party” (as defined);

(i). the claimant’s postal address for service is within the United Kingdom;

(j). the claimant has an email address which can be used for the case;

(k). the fee for issuing the claim is paid in full, in sterling and using a valid debit or credit card;

(l). the claim is conducted in English;

(m). the claimant does not have in force against them –

(1) “civil proceedings order” (as defined);

(2) an “all proceedings order” (as defined); or

(3)  “civil restraint order” (as defined);

(n). the claimant believes that the defendant–

(i). will not be getting help with defending the claim from a “legal representative” (as defined);

(ii). has a postal address for service within England and Wales;

(iii) is aged 18 years or older;

(iv). is not a “protected party”(as defined); and

(v). is not the Crown.

2.1(4) If the claimant decides to use Online Civil Money Claims, the claimant may also volunteer their claim to be used to test “new features” (as defined) in the pilot. If the claimant volunteers their claim, “HMCTS” (as defined) may select the claim to test the new features, but does not have to. The court must tell the claimant straight away if the claim has been selected. It must also tell the defendant that the claim has been selected, the first time that any communication is sent by the court to the defendant.

2.1(5) If the claimant decides to use Online Civil Money Claims, this practice direction applies. This practice direction contains provisions that apply generally to claims in the pilot, and also specific provisions that apply to claims selected to test new features. Where provisions in this practice direction conflict with other provisions in the Civil Procedure Rules or other practice directions, this practice direction takes precedence until the claim is sent out of the pilot. Once the claim is sent out of the pilot, this practice direction will no longer apply. The rest of the Civil Procedure Rules and practice directions, however, will continue to apply to the claim, along with any changes to the Civil Procedure Rules or other practice directions made by this practice direction or orders made by the court to enable the claim to be sent out of the pilot successfully.

SECTION 3 – COURT TO KEEP THE PARTIES UPDATED ON THE PROGRESS OF THE PROCEEDINGS

3.1 Court to keep the parties updated on the progress of the proceedings

3.1(1) When a party uses Online Civil Money Claims to take a formal step in relation to the claim, the court must keep a record of the fact the step has been taken, and of the date the step is recorded as taken.

(2) The court must tell the party when it records the step as taken, and the date recorded.

(3) The court must also tell the other parties if any step is recorded as taken, and the date of the step taken, unless the court has ordered or this practice direction provides that the other parties not be told.”.

SECTION 4 – STARTING A CLAIM

4.1 Starting an online claim

4.1(1) In order to make an online claim against another person, the claimant must –

(a). complete form number OCON1 found on the OCMC website (“the online claim form”);

(b) pay the appropriate fee that is prescribed in the Civil Proceedings Fees Order 2008; and

(c) submit the completed online claim form to the court using the OCMC website.

4.1(2) As part of completing the claim form, the claimant must –

(a) set out all the details about their claim that they want to rely on to support their claim; and

(b) list any documents or other evidence that they may want to rely on to support their claim.

4.2 Making changes to the claim form

4.2(1) After the claim form has been submitted, the claimant may change their email address or telephone number (“contact details”), using the OCMC website.

4.2(2). If the claimant cannot use the OCMC website to change their contact details, and asks the court to change them, the court must make those changes.

4.2(3). If the claimant wants to amend their claim other than to change their contact details after their claim form has been submitted, the claimant must make an application to the court in accordance with Part 23. If the court receives such an application, it must send the claim out of Online Civil Money Claims.

4.3 Issue and service of the claim by the court

4.3(1). When the court receives a submitted claim form from the claimant, it must issue the claim.

4.3(2) The court must notify the claimant when the online claim form has been issued and what the date of issue is.

4.3(3) The court must serve the claim on the person identified on the claim form as the defendant, being the person that the claimant is making the claim against (“the defendant”).

4.3(4) The court serves the claim on the defendant by sending a paper version of the completed online claim form to the defendant at the postal address given for the defendant.

4.3(5) At the same time that the court serves the claim form on the defendant, it must also notify them as to what the date of issue is.

SECTION 5 – DEFENDANT’S RESPONSE ONLINE – GENERAL

5.1 Defendant’s response online – when and how to respond

5.1(1) If the defendant decides to respond to the claim and is able to do so online, they must contact the court within 19 days after the date of issue of the claim form and confirm –

(a). that they wish to respond; and

(b). whether they can provide details of their response within 19 days after the date of issue of the claim form.

For example, if the court issued the online claim form on 3rd March, the defendant would have to contact the court on or before 22nd March.

5.1(2). The defendant must contact the court using the OCMC website.

5.1(3). The defendant must provide the detail of their response to the court by completing and submitting the appropriate form (“response form”) depending on the nature of their response, as set out in Table A and accessible via the OCMC website.

TABLE A

Nature of response

Appropriate response form to use

How to submit response form (electronically via OCMC website, or in paper copy to Online Civil Money Claims postal address set out in paragraph 2.1(2))

Defend the whole of the claim

Form OCON9B Defence and Counterclaim (specified amount)

Electronically, using the OCMC website

Defend part of the claim/admit part of the claim

Form OCON9A Admission (specified amount) and OCON9B Defence and Counterclaim (specified amount)

Electronically, using the OCMC website or paper copy to the Online Civil Money Claims postal address

Defence and counterclaim

Form N9B

Paper copy to the Online Civil Money Claims postal address

Defence and notice of additional claim

Form N9B Defence and Counterclaim (specified amount)

Paper copy to the Online Civil Money Claims postal address

Defence and additional claim

Form N9B Defence and Counterclaim (specified amount)

Paper copy to the Online Civil Money Claims postal address

Admission

Form OCON9A Admission (specified amount)

Electronically, using the OCMC website or paper copy to the Online Civil Money Claims postal address

Admission with request to pay later or by instalments

Form OCON9A Admission (specified amount)

Electronically, using the OCMC website or paper copy to the Online Civil Money Claims postal address

5.1(4). The defendant must use the appropriate response form from the OCMC website.

5.1(5). The defendant must submit their completed response form using the method set out in Table A.

5.1(6). The defendant must submit the completed response form so that it is received by the court within 19 days after the date of issue of the online claim form, unless they have notified the court that they cannot provide details of their response within that time. For example, if the court issued the online claim form on 3rd March and the defendant had not notified the court that they needed longer to provide the details of their response, the defendant would have to submit the completed response form to the court on or before 22nd March.

5.1(7). If the defendant has notified the court that they need more than that 19 days to provide details of their response, the defendant must submit their completed response form so that it is received by the court within 33 days after the date of issue. For example, if the court issued the online claim form on 3rd March, the defendant would have to submit the completed response form to the court on or before 5th April.
(Section 14 states that if the court receives a form or document after 4 p.m., it is treated as received the following day.)

5.1(8). The court must tell the claimant –

(a). when it receives the defendant’s confirmation of their intention to respond to the claim; and

(b). when it receives the defendant’s response form.

5.1(9). If the defendant does not confirm to the court that they wish to respond to the claim and/or does not submit the relevant response form to the court on time, the claimant may request a default judgment from the court, and paragraphs 59 to 61 will apply.

SECTION 6 – DEFENDANT’S RESPONSE ONLINE – DEFENDANT ONLY DEFENDS THE WHOLE OF THE CLAIM, AND MAKES NO OTHER RESPONSE

6.1 Sub-section A - Introduction

(1) This Section applies if the defendant –

(a) responds online to the court on time; and

(b) wishes only to defend the whole of the claim and makes no other response.

(2) Sub-section B applies if –

(a)  the claim has been selected to test “new features” (as defined) on or after 11.00am on 14th January 2019;

(b) the defendant defends the claim on the grounds that the amount has been paid in full; and

(c) if the defendant has notified the court that they are willing to mediate or are willing to negotiate further.

(3) Sub-section C applies if –

(a) the claim has been selected to test “new features” (as defined) on or after 11.00am on 14th January 2019;

(b) the defendant defends the claim on the grounds that the amount has been paid in full; and

(c) if the defendant is not willing to mediate or negotiate further.

(4) Sub-section D applies if –

(a) neither sub-section B or C applies; and

(b) the defendant has notified the court that they are willing to mediate or are willing to negotiate further.

(5) Sub-section E applies if –

(a) neither sub-section B or C applies; and

(b) the defendant is not willing to mediate or negotiate

(6) Sub-section F applies if a claim is to be sent out of Online Civil Money Claims.

6.2 Sub-section B – “New feature” – defendant claiming they have paid in full, but willing to negotiate

(1) This paragraph is a new feature.  It applies when sub-section B of section 6 applies.

(2) The court must ask the claimant whether they accept that the amount has been paid, or whether they do not accept that it has been paid and wish to continue with the claim.

(3) If, within 33 days after being asked by the court, the claimant uses the OCMC website to tell the court that they do not wish to continue with the claim, the claim will be automatically “stayed” (as defined)].

(4) If the claimant fails to respond online within the 33 days, the court must “stay” the proceedings (as defined).

(5) If, within 33 days after being asked by the court, the claimant uses the OCMC website to tell the court that they wish to continue with the claim and if the claimant has also told the court that they are willing to mediate or negotiate further, the court must “stay” the proceedings (as defined) for 28 days. The 28-day period is calculated from and including the date that the response form is received by the court. The court must also refer the matter to the Small Claims Mediation Service if appropriate and tell the parties that the matter has been referred.

(6) If, within 33 days after being asked by the court, the claimant uses the OCMC website to tell the court that they wish to continue with the claim, but they have not told the court whether they are willing to mediate or negotiate further, the court must ask the claimant whether they are willing to mediate or negotiate.

(7) If, within 5 days after the date of the court’s enquiry, the claimant tells the court that they agree to mediate or negotiate further, the court must stay the proceedings for 28 days. The 28-day period is calculated from and including the date that the court receives the claimant’s response to their enquiry. The court must also refer the matter to the Small Claims Mediation Service if appropriate and tell the parties that the matter has been referred.

(8) The claimant must tell the court if a settlement is reached. The claimant must also tell the court if the parties have agreed that the claim can be discontinued or dismissed.

(9) If the 28 day stay of proceedings ends without the claimant telling the court that a settlement has been reached, the court must refer the matter to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

(10) If a settlement is reached within the 28 days, but the parties have not agreed that the claim can be dismissed or discontinued, the court must stay the proceedings. When it stays the proceedings and if the settlement is in form OCON Settlement Agreement, the court must also enable either or both parties to return to the court if the settlement breaks down, by giving permission for the parties to apply for –

(a) judgment to be given for the unpaid balance of the outstanding sum of the settlement agreement;

(b) the court to enforce any of the other terms of the settlement agreement;

(c) the claim to be resumed for a hearing of the full amount of the claim.

(11) If the court receives an application for judgment, enforcement or for the claim to be resumed, the court must send the claim out of Online Civil Money Claims.

(12) If the claimant does not respond on time to the court’s enquiry about mediation or further negotiation, or responds but with a refusal to mediate or negotiate, the court must refer the matter to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

6.3 Sub-section C – “New feature” – defendant claiming they have paid in full, and not willing to negotiate

(1) This paragraph is a new feature.  It applies when sub-section C of Section 6 applies.

(2) The court must ask the claimant whether they accept that the amount has been paid, or whether they do not accept that it has been paid and wish to continue with the claim.

(3) If, within 33 days after being asked by the court, the claimant uses the OCMC website to tell the court that they do not wish to continue with the claim, the claim will be automatically “stayed” (as defined).

(4) If the claimant fails to respond online within the 33 days, the court must “stay” the proceedings (as defined).

(5) If, within 33 days after being asked by the court, the claimant uses the OCMC website to tell the court that they wish to continue with the claim, the court must refer the matter to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

6.4 Sub-section D – Defendant defends for reasons other than that the amount has been paid in full, but defendant willing to negotiate

6.4(1) This paragraph applies if sub-section D of Section 6 applies.

(2) If, before the court receives the response form, the claimant has also told the court that they are willing to mediate or negotiate further, the court must “stay” the proceedings (as defined) for 28 days. The 28-day period is calculated from and includes the date that the response form is received by the court. The court must also refer the matter to the Small Claims Mediation Service if appropriate and tell the parties that the matter has been referred.

(3) If, before the court receives the response form, the claimant has not told the court that they are willing to mediate or negotiate further, the court must ask the claimant whether they are willing to mediate or negotiate.

(4) If, within 5 days after the date of the court’s enquiry, the claimant tells the court that they agree to mediate or negotiate further, the court must stay the proceedings for 28 days. The 28-day period is calculated from and includes the date that the court receives the claimant’s response to their enquiry. The court must also refer the matter to the Small Claims Mediation Service if appropriate and tell the parties that the matter has been referred.

(5) The claimant must tell the court if a settlement is reached. The claimant must also tell the court if the parties have agreed that the claim can be discontinued or dismissed.

(6) If the 28 day stay of proceedings ends without the claimant telling the court that a settlement has been reached, the court must refer the matter to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

(7) If a settlement is reached within the 28 days, but the parties have not agreed that the claim can be dismissed or discontinued, the court must stay the proceedings. When it stays the proceedings and if the settlement is in form OCON Settlement Agreement, the court must also enable either or both parties to return to the court if the settlement breaks down, by giving permission for the parties to apply for –

(a) judgment to be given for the unpaid balance of the outstanding sum of the settlement agreement;

(b) the court to enforce any of the other terms of the settlement agreement;

(c) the claim to be resumed for a hearing of the full amount of the claim.

(8) If the court receives an application for judgment, enforcement or for the claim to be resumed, the court must send the claim out of Online Civil Money Claims.

(9) If the claimant does not respond on time to the court’s enquiry about mediation or further negotiation, or responds but with a refusal to mediate or negotiate, the court must refer the matter to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

6.5 Sub-section E - Defendant defends for reasons other than that the amount has been paid in full, and defendant not willing to negotiate

6.5(1) This paragraph applies if sub-section E of Section 6 applies.

(2) If the defendant –

(a) responds online to the court on time;

(b)wishes only to defend the whole of the claim and makes no other response; and

(c)has not notified the court that they are willing to mediate or negotiate further, the court must send the claim out of Online Civil Money Claims.

6.6 Sub-section F – Under Section 6, sending claims out of Online Civil Money Claims

(1) This paragraph applies if the defendant has submitted a response online defending the whole of the claim and the court sends or may send the claim out of Online Civil Money Claims under the following provisions –

(a) paragraph 6.2(9) (28 day stay expires without parties notifying the court they have reached a settlement);

(b) paragraph 6.2(11) (the court receives an application for judgment, enforcement, or for the claim to be resumed);

(c) paragraph 6.2(12) (the claimant fails to tell the court whether they are willing to mediate or negotiate, or refuses to mediate or negotiate);

(d) paragraph 6.3(5) (the defendant does not indicate that they are willing to mediate);

(e) paragraph 6.4(6) (28 day stay expires without parties notifying the court they have reached a settlement);

(f) paragraph 6.4(8) (the court receives an application for judgment, enforcement, or for the claim to be resumed);

(g) paragraph 6.4(9) (the claimant fails to tell the court whether they are willing to mediate or negotiate, or refuses to mediate or negotiate);

(h) paragraph 6.5(2) (the defendant does not indicate that they are willing to mediate).

(2) The court must send the claim out of Online Civil Money Claims to the “CCBC” (as defined). The court must inform the claimant and defendant that the claim has been sent out of Online Civil Money Claims, and explain why the claim has been sent out.

(3) Once the claim has been sent out of Online Civil Money Claims, this practice direction will no longer apply, but the rest of the Civil Procedure Rules and practice directions will continue to apply with the following changes –

(a) Civil Procedure Rule 26.3 (provisional allocation of a case to a case track in the court, and directions questionnaires) will apply as if the defendant files the defence when the CCBC receives the defendant’s response form from Online Civil Money Claims; and

(b) Civil Procedure Rules 26.4 and 26.4A do not apply.

SECTION 7  – NEW FEATURES – DEFENDANT’S RESPONSE ONLINE – DEFENDANT RESPONDS ONLY TO ADMIT THE CLAIM IN WHOLE OR PART, OR TO ADMIT PART AND DEFEND THE REST OF THE CLAIM

7.1 Sub-section A - Introduction to this Section

(1) This Section applies in relation to claims that have been specifically selected to test “new features” (as defined) on or after 11.00am on 14th January 2019, where the defendant responds online admitting the whole or part of the claim, or admitting part and defending the rest of the claim.

(2) Sub-section B applies only to full admissions, where the defendant uses form OCON9A to make the admission and makes no other response.

(3) Sub-section C applies only to part admissions, where the defendant uses form OCON9A to make the part admission and makes no other response.

(4) Sub-section D applies where the defendant part admits the claim, defends the rest of it, and uses form OCON9A to make the part admission and part defence.

(5) Sub-section E applies to both full and part admissions, where the defendant uses form OCON9A to make the admission and there has been a change of circumstances.

(6) Sub-section F applies to both full and part admissions, where the defendant does not use form OCON9A to make the admission.

Sub-section B – Defendant admits the whole of the claim using form OCON9A and makes no other response

Introduction to Sub-section B

7.2 This Sub-section applies where the defendant admits the whole of the claim, uses form OCON9A to make the admission and makes no other response.

Court to notify the claimant of when the defendant proposing to make payment of the whole amount

7.3  When the court tells the claimant that it has received the admission, it must also tell the claimant –

(a) whether the defendant has offered to pay the whole amount owed so that the claimant receives it within 5 days of the date of the admission, or whether the defendant has asked for more time to pay; and

(b) if the defendant has asked for more time to pay, what “repayment plan” (as defined) the defendant is proposing for payment, which could be payment so that the claimant receives it by a date that is more than 5 days after the date of admission, or payment by instalments.

7.4 Defendant offers to pay the whole amount owed within 5 days

(1) If the defendant has offered to pay the whole amount so that the claimant receives it within 5 days of the date of the admission, but then the claimant does not receive the whole amount within that time, the claimant may request a judgment on admission.

(2) The claimant requests the judgment by completing form OCON225 and submitting it to the court using the OCMC website. When requesting judgment, the claimant may also specify its repayment plan (as defined).

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined).

(4) If the claimant has specified a repayment plan in the request for judgment, the judgment must state that repayment is to be made in accordance with that repayment plan.

(5) If the claimant has not specified a repayment plan in the request for judgment, the judgment must state that the whole amount owed must be repaid in full within 5 days of the date of the judgment.

(6) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid;

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

7.5 Defendant has not offered to pay the amount owed within 5 days, but instead has asked for more time to pay and has proposed a repayment plan

(1) If the defendant has not offered to pay the amount owed so that the claimant receives it within 5 days of the date of the admission, but the defendant has instead asked for more time to pay and has proposed “a repayment plan” (as defined), the claimant may accept or reject the proposal.

(2) The claimant accepts or rejects the proposal by completing form OCON225 and submitting it to the court using the OCMC website.

7.6 Claimant accepts the defendant’s proposed repayment plan

(1) If the claimant has accepted the defendant’s proposed repayment plan using form OCON225, the claimant may request a judgment on admission, but does not have to: the claimant may decide to propose a settlement agreement instead.

7.7 Claimant accepts defendant’s repayment plan and decides to request a judgment on admission

(1) If the claimant decides to request a judgment on admission, the claimant requests the judgment by completing form OCON225 and submitting it to the court using the OCMC website.

(2) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on the defendant repayment plan.

(3) The judgment will be made for the amount of –

(a)the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c)  costs.

(4) The judgment must state that the amount is to be paid in accordance with the defendant’s repayment plan.

7.8 Claimant accepts defendant’s proposed repayment plan, proposes a settlement agreement instead of requesting a judgment on admission – defendant accepts the proposal for a settlement agreement

(1) If –

(a)  instead of requesting a judgment on admission, the claimant has proposed a settlement agreement on the same terms as the defendant’s proposed repayment plan;

(b) the proposed agreement is in the form of OCON Settlement Agreement A;

(c) the claimant has used the OCMC website to notify the court of the proposal to the defendant; and

(d) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have accepted the proposal and agree to the settlement agreement, the court must “stay” the proceedings (as defined).  When it stays the proceedings, the court must enable the claimant to return to court to request judgment on admission for any money still owed under the settlement agreement, if the settlement agreement breaks down, and the defendant fails to comply with the settlement agreement.

(2) If the settlement agreement breaks down, the claimant requests judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) that the amount outstanding is to be paid in accordance with the terms of the settlement agreement.

(4) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement.

7.9 Claimant accepts the defendant’s proposed repayment plan, proposes a settlement agreement, instead of requesting a judgment on admission – defendant rejects the proposal for a settlement agreement, or does not respond

(1) If –

(a)  instead of requesting a judgment on admission, the claimant has proposed a settlement agreement on the same terms as the defendant’s proposed repayment plan;

(b) the proposed agreement is in the form of OCON Settlement Agreement A;

(c) the claimant has used the OCMC website to notify the court of the proposal to the defendant; and

(d) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have rejected the proposal and do not agree to the settlement agreement, or within that time has failed to notify the court of their response,
the claimant may request a judgment on admission.

(2) The claimant requests a judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) with payment to be made in accordance with the defendant’s proposed repayment plan.

(4) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the defendant’s proposed repayment plan.

7.10 Claimant rejects the defendant’s proposed repayment plan, proposes different plan; defendant is an individual, which includes a sole trader; affordability calculation

(1) This paragraph, and paragraphs 7.11 to 7.15 apply where the defendant is an individual, which includes a sole trader.

(2) If the claimant has rejected the defendant’s proposed repayment plan, the claimant may also suggest a repayment plan.

(3) On receiving the claimant’s suggested repayment plan, the court will produce an “affordability calculation”.  The affordability calculation will be carried out electronically, by the application of a formula to the information submitted by the parties. The purpose of the calculation is to establish what rate of repayment a defendant is likely to be able to afford, based on the information submitted by the parties: an “affordability calculation repayment plan”.

(4) The explanation of the formula is set out in Annex A to this practice direction.

(5) If the affordability calculation indicates that the defendant will not be able to afford to repay the amount owed in accordance with the claimant’s repayment plan, the court will tell the claimant, and ask the claimant whether they accept or reject the affordability calculation repayment plan instead.

(6) The claimant may accept or reject the affordability calculation repayment plan using the OCMC website.

Claimant accepts affordability calculation repayment plan, or that plan amounts to the claimant’s proposed repayment plan - court asks claimant whether they request judgment, or are proposing a settlement agreement instead

7.11 If the claimant accepts the affordability calculation repayment plan, or if that plan is calculated as amounting to the claimant’s repayment plan, the court will ask the claimant whether they wish to request judgment on admission, or whether they are proposing a settlement agreement instead.

7. 12 Claimant accepts affordability calculation repayment plan or that plan amounts to the claimant’s proposed repayment plan - claimant requests judgment

(1) If, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed, the claimant wishes to request a judgment on admission, they may make the request by completing form OCON225A and submitting it to the court using the OCMC website.

(2) If the court receives a request for judgment, it must “enter judgment” (as defined) with payment to be made in accordance with the “affordability calculation repayment plan” (as defined).

(3) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(4) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan.

(5) If, after judgment has been made, the defendant objects to the affordability calculation repayment plan, or if the claimant no longer agrees to the plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount owed by the defendant. The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(6) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(7) If the court receives a request for re-determination on time, it must send the claim out of Online Civil Money Claims to the defendant’s “home court” (as defined).

7.13 Following affordability calculation, claimant proposes settlement agreement, and defendant accepts the settlement agreement

(1) This paragraph applies, if, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed –

(a)  the claimant uses the OCMC website to tell the court that –

(i) it proposes a settlement agreement to the defendant;

(ii) the settlement agreement is in the form of OCON Settlement Agreement A; and

(iii) the settlement agreement is for repayment of the amount owed in accordance with the affordability calculation repayment plan, and

(b) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have accepted the proposal and agree to the settlement agreement.

(2) If the defendant has accepted the settlement agreement in those circumstances, the court must “stay” the proceedings (as defined).

(3) When it stays the proceedings, the court must enable the claimant to return to court to request judgment on admission for any money still owed under the settlement agreement, if the settlement agreement breaks down and the defendant fails to comply with the settlement agreement.

(4) If the settlement agreement breaks down, the claimant requests judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(5) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on terms that the amount outstanding is to be paid in accordance with the terms of the settlement agreement.

(6) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(7) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement.

(8) If, after the judgment has been made, the claimant or the defendant changes their mind about the affordability calculation repayment plan and wishes to object to the plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount owed by the defendant.

(9) The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they now object to the affordability calculation repayment plan.

(10) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(11) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.14 Following affordability calculation, claimant proposes settlement agreement, but defendant rejects the settlement agreement, or fails to respond

(1) This paragraph applies, if, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed –

(a) the claimant uses the OCMC website to tell the court that –

(i) it proposes a settlement agreement to the defendant;

(ii) the settlement agreement is in the form of OCON Settlement Agreement A; and

(iii) the settlement agreement is for repayment of the amount owed in accordance with the affordability calculation repayment plan; and

(b) within 7 days of the date of the claimant’s proposal, the defendant uses the OCMC website to tell the court that they reject the settlement agreement or the defendant does not respond to the court within the 7 days.

(2) If the defendant has rejected the settlement agreement or failed to respond within the 7 days in those circumstances, the claimant can request judgment on admission, by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on terms that the amount outstanding to be paid in accordance with the affordability calculation repayment plan.

(4) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan.

(6) If, after the judgment has been made, the claimant changes their mind about the affordability calculation repayment plan and wishes to object to the plan, or the defendant wishes to object to the affordability calculation repayment plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount owed by the defendant.

(7) The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(8) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(9) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.15 Claimant rejects defendant’s proposed repayment plan, and also rejects affordability calculation repayment plan - judgment with repayment plan to be determined

(1) If, following an affordability calculation, the claimant wishes to reject the affordability calculation repayment plan, they may do so using the OCMC website.

(2) If the claimant rejects the affordability calculation repayment plan, they may still request judgment on admission, by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined), with the plan for the repayment of the amount owed by the defendant to be determined.

(4) The judgment will be made for the amount of –

(a) the claim, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the plan for the repayment of the amount owed by the defendant is to be determined.

(6) The plan for the repayment of the amount owed by the defendant must be ordered by a judge.

(7) If either party objects to the plan for repayment ordered by the judge, they may ask, on time, for a re-determination of the plan for the repayment of the amount owed by the defendant. The claimant or defendant may make their request for re-determination to Online Civil Money Claims. When requesting a re-determination, the claimant or defendant must explain why they object to the plan ordered by the judge.

(8) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(9) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.16 Claimant rejects the defendant’s proposed repayment plan, proposes different terms – defendant is not an individual

(1) This paragraph applies where –

(a) the defendant is not an individual; and

(b) the claimant has rejected the defendant’s proposed repayment plan.

(2)  The claimant may also suggest a repayment plan.

(3) On receiving the claimant’s rejection, the court will send the claim out of Online Civil Money Claims, to the “CCBC” (as defined).

Claimant fails to respond to defendant’s proposed repayment plan, or to the affordability calculation repayment plan

7.17 If, within 33 days after being asked by the court, the claimant fails to tell the court whether they accept –

(a)  the defendant’s proposed repayment plan; or

(b) (where relevant) the affordability calculation repayment plan, the court must “stay” the proceedings (as defined). If the claimant then responds later, the court must automatically “lift” the stay (as defined) to allow the proceedings to be resumed.

Sub-section C – Defendant’s response online – defendant responds to admit part of the claim only, and makes no other response

7.18 Introduction to Sub-section C

(1) This Sub-section applies where the defendant responds online to the court admitting part of the claim, uses form OCON9A to make the admission and makes no other response.

(2) When the court tells the claimant that it has received the part admission, it must also tell the claimant –

(a) whether the defendant claims they have already paid the amount admitted;

(b) whether the defendant has offered to pay the whole of the amount admitted so that the claimant receives it within 5 days of the date of the part admission, or whether the defendant has asked for more time to pay; and

(c) if the defendant has asked for more time to pay, what “repayment plan”  (as defined) the defendant is proposing for payment, which could be payment so that the claimant receives it by a date that is more than 5 days after the date of part admission, or payment by instalments.

7.19 Defendant claims they have paid the amount admitted, or offers to pay the whole amount admitted within 5 days – claimant asked whether they accept the defendant’s claim or offer

(1) If the defendant claims they have paid the amount admitted already, or offers to pay the whole amount admitted so that the claimant receives it within 5 days of the date of the part admission, the court must ask the claimant whether they accept the offer in full settlement of the claim, or whether they reject the offer and wish to continue with the claim.

(2) The claimant accepts or rejects the offer, or the defendant’s claim that the amount admitted has been paid already, by completing form OCON225A and submitting it to the court using the OCMC website.

7.20 Defendant offers to pay the whole of the amount admitted within 5 days – claimant accepts the offer

(1) If the claimant uses form OCON225A to accept the defendant’s offer of the amount admitted in full settlement of the claim, but then the claimant has not received the whole amount admitted before the end of the 5 days, the claimant may request a judgment on admission.

(2) The claimant requests the judgment by completing form OCON225A and submitting it to the court using the OCMC website. When requesting judgment, the claimant may also specify its repayment plan.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined).

(4) If the claimant has specified a repayment plan in the request for judgment, the judgment must state that repayment is to be made in accordance with that repayment plan.

(5) If the claimant has not specified a repayment plan in the request for judgment, the judgment must state that the whole amount admitted must be repaid in full within 5 days of the date of the judgment.

(6) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount owed that the defendant has already paid;

(b) any interest on the amount admitted that the claimant is entitled to and has claimed on the claim form; and

(c)  costs.

7.21 Defendant offers to pay the whole of the amount admitted within 5 days – claimant rejects the offer

If the claimant uses form OCON225A to reject the defendant’s offer, or the defendant’s claim that the amount admitted has been paid already, it will be treated as a defence of the claim and Section 6 will apply. The court must inform the parties of this.

Defendant offers to pay the whole of the amount admitted within 5 days – claimant fails to respond to the offer

7.22 If, within 33 days after being asked by the court whether they accept the defendant’s offer, the claimant fails to respond, the court must “stay” the proceedings (as defined). If the claimant then responds later, the court must automatically “lift” the stay (as defined) to allow the proceedings to be resumed.

7.23 Defendant has not offered to pay the whole amount admitted within 5 days, but instead has asked for more time to pay and has proposed a repayment plan – claimant asked whether they accept the offer and repayment plan

(1) If the defendant has not offered to pay the whole amount admitted so that the claimant receives it within 5 days of the date of the part admission, but the defendant has instead asked for more time to pay and has proposed a “repayment plan” (as defined), the court must ask the claimant whether they –

(a) accept the offer in full settlement of the claim, and if yes, whether they also accept the defendant’s repayment plan; or

(b) reject the offer and wish to continue with the claim.

(2) The claimant accepts or rejects –

(a) the offer;

(b) the repayment plan,

by completing form OCON225A and submitting it to the court using the OCMC website.

Defendant offers to pay amount admitted and proposed repayment plan – claimant accepts offer and repayment plan

7.24 If the claimant uses OCON225A to accept the defendant’s offer of the amount admitted in full settlement of the claim and proposed repayment plan, the claimant may request a judgment on admission, but does not have to: the claimant may decide to propose a settlement agreement instead.

7.25 Claimant accepts defendant’s offer and repayment plan and decides to request a judgment on admission

(1) If the claimant decides to request judgment on admission, the claimant requests the judgment by completing form OCON225A and submitting it to the court using the OCMC website.

(2) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on the defendant’s repayment plan.

(3) The judgment will be made for the amount of –

(a)the amount admitted, minus any payments of the amount owed that the defendant has already paid; and

(b) any interest on the amount admitted that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(4) The judgment must state that the amount is to be paid in accordance with the defendant’s repayment plan.

7.26 Claimant accepts defendant’s offer and proposed repayment plan, proposes a settlement agreement instead of requesting a judgment on admission – defendant accepts the proposal for a settlement agreement

(1) If –

(a)  the claimant accepts the defendant’s offer and proposed repayment plan;

(b) instead of requesting a judgment on admission, the claimant has proposed a settlement agreement on the same terms as the defendant’s proposed repayment plan;

(c) the proposed agreement is in the form of OCON Settlement Agreement A;

(d) the claimant has used the OCMC website to notify the court of the proposal to the defendant; and

(e) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have accepted the proposal and agree to the settlement agreement,

the court must “stay” the proceedings (as defined).  When it stays the proceedings, the court must enable the claimant to return to court to request judgment on admission for any money still owed under the settlement agreement, if the settlement agreement breaks down, and the defendant fails to comply with the settlement agreement.

(2) If the settlement agreement breaks down, the claimant requests judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) that the amount outstanding is to be paid in accordance with the terms of the settlement agreement.

(4) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement.

7.27 Claimant accepts the defendant’s proposed repayment plan, proposes a settlement agreement, instead of requesting a judgment on admission – defendant rejects the proposal for a settlement agreement, or does not respond

(1) If –

(a)  the claimant accepts the defendant’s offer and proposed repayment plan;

(b) instead of requesting a judgment on admission, the claimant has proposed a settlement agreement on the same terms as the defendant’s proposed repayment plan;

(c) the proposed agreement is in the form of OCON Settlement Agreement A;

(d) the claimant has used the OCMC website to notify the court of the proposal to the defendant; and

(e) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have rejected the proposal and do not agree to the settlement agreement, or within that time has failed to notify the court of their response, the claimant may request a judgment on admission.

(2) The claimant requests a judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) with payment to be made in accordance with the defendant’s proposed repayment plan.

(4) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the defendant’s proposed repayment plan.

7.28 Defendant offers to pay amount admitted and proposed repayment plan – claimant accepts offer but not the repayment plan, proposes different plan; defendant is an individual, which includes a sole trader: affordability calculation

(1) This paragraph, and paragraphs 7.29 to 7.33 apply where

(a) the claimant has accepted the offer, but not the repayment plan; and

(b) the defendant is an individual, which includes a sole trader.

(2) If the claimant has rejected the defendant’s proposed repayment plan, the claimant may also suggest a repayment plan.

(3) On receiving the claimant’s suggested repayment plan, the court will produce an “affordability calculation”.  The affordability calculation will be carried out electronically, by the application of a formula to the information submitted by the parties. The purpose of the calculation is to establish what rate of repayment a defendant is likely to be able to afford, based on the information submitted by the parties: an “affordability calculation repayment plan”.

(4) The explanation of the formula is set out in Annex A to this practice direction.

(5) If the affordability calculation indicates that the defendant will not be able to afford to repay the amount admitted in accordance with the claimant’s repayment plan, the court will tell the claimant, and ask the claimant whether they accept or reject the affordability calculation repayment plan instead.

(6) The claimant may accept or reject the affordability calculation repayment plan using the OCMC website.

Claimant accepts affordability calculation repayment plan or the affordability calculation repayment plan amounts to the claimant’s proposed repayment plan - court asks claimant whether they request judgment, or are proposing a settlement agreement instead

7.29 If the claimant accepts the affordability calculation repayment plan, or if the affordability calculation repayment plan is calculated as amounting to the claimant’s repayment plan, the court will ask the claimant whether they wish to request judgment on admission, or whether they are proposing a settlement agreement instead.

7.30 Claimant accepts affordability calculation repayment plan or affordability calculation repayment plan amounts to the claimant’s proposed repayment plan - claimant requests judgment

(1) If, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed, the claimant wishes to request a judgment on admission, they may make the request by completing form OCON225A and submitting it to the court using the OCMC website.

(2) If the court receives a request for judgment, it must “enter judgment” (as defined) with payment to be made in accordance with the “affordability calculation repayment plan” (as defined).

(3) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(4) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan.

(5) If, after judgment has been made, the defendant objects to the affordability calculation repayment plan, or if the claimant no longer agrees to the plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount admitted by the defendant. The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(6) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(7) If the court receives a request for re-determination on time, it must send the claim out of Online Civil Money Claims to the defendant’s “home court” (as defined).

7.31 Following affordability calculation, claimant proposes settlement agreement, and defendant accepts the settlement agreement

(1) This paragraph applies, if, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed –

(a) the claimant uses the OCMC website to tell the court that –

(i) it proposes a settlement agreement to the defendant;

(ii) the settlement agreement is in the form of OCON Settlement Agreement A; and

(iii) the settlement agreement is for repayment of the amount admitted in accordance with the affordability calculation repayment plan; and

(b) the defendant has, within 7 days of the date of the claimant’s proposal, used the OCMC website to notify the court that they have accepted the proposal and agree to the settlement agreement.

(2) If the defendant has accepted the settlement agreement in those circumstances, the court must “stay” the proceedings (as defined).

(3) When it stays the proceedings, the court must enable the claimant to return to court to request judgment on admission for any money still owed under the settlement agreement, if the settlement agreement breaks down and the defendant fails to comply with the settlement agreement.

(4) If the settlement agreement breaks down, the claimant requests judgment on admission by completing form OCON225 and submitting it to the court using the OCMC website.

(5) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on terms that the amount outstanding is to be paid in accordance with the terms of the settlement agreement.

(6) The judgment will be made for the amount of –

(a) the admitted amount, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(7) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement.

(8) If, after the judgment has been made, the claimant or the defendant changes their mind about the affordability calculation repayment plan and wishes to object to the plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount admitted by the defendant.

(9) The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they now object to the affordability calculation repayment plan.

(10) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(11) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.32 Following affordability calculation, claimant proposes settlement agreement, but defendant rejects the settlement agreement, or fails to respond

(1) This paragraph applies if, after an affordability calculation has been done and the court has asked the claimant how they wish to proceed –

(a) the claimant uses the OCMC website to tell the court that –

(i) it proposes a settlement agreement to the defendant;

(ii) the settlement agreement is in the form of OCON Settlement Agreement A; and

(iii) the settlement agreement is for repayment of the amount admitted in accordance with the affordability calculation repayment plan; and

(b) within 7 days of the date of the claimant’s proposal, the defendant uses the OCMC website to tell the court that they reject to the settlement agreement or the defendant does not respond to the court within the 7 days.

(2) If the defendant has rejected the settlement agreement or failed to respond within the 7 days in those circumstances, the claimant can request judgment on admission, by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined) on terms that the amount outstanding be paid in accordance with the affordability calculation repayment plan.

(4) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan.

(6) If, after the judgment has been made, the claimant changes their mind about the affordability calculation repayment plan and wishes to object to the plan, or the defendant wishes to object to the affordability calculation repayment plan, they may ask, on time, for a re-determination by a judge of the plan for the repayment of the amount admitted by the defendant.

(7) The claimant or defendant may make their request for re-determination using the OCMC website. When requesting a re-determination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(8) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(9) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.33 Claimant rejects defendant’s proposed repayment plan, and also rejects affordability calculation repayment plan - judgment with repayment plan to be determined

(1) If, following an affordability calculation, the claimant wishes to reject the affordability calculation repayment plan, they may do so using the OCMC website.

(2) If the claimant rejects the affordability calculation repayment plan, they may still request judgment on admission, by completing form OCON225 and submitting it to the court using the OCMC website.

(3) If the court receives a request for judgment on admission, it must “enter judgment” (as defined), with the plan for the repayment of the amount owed by the defendant to be determined.

(4) The judgment will be made for the amount of –

(a) the amount admitted, minus any payments of the amount admitted that the defendant has already paid; and

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) costs.

(5) The judgment must state that the plan for the repayment of the amount admitted by the defendant is to be determined.

(6) The plan for the repayment of the amount admitted by the defendant must be ordered by a judge.

(7) If either party objects to the plan for repayment ordered by the judge, they may ask, on time, for a re-determination of the plan for the repayment of the amount admitted by the defendant. The claimant or defendant may make their request for re-determination to Online Civil Money Claims. When requesting a re-determination, the claimant or defendant must explain why they object to the plan ordered by the judge.

(8) The request for re-determination will be submitted to the court on time if it is received by the court within 19 days after the date of the judgment.

(9) If the court receives a request for re-determination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

7.34 Claimant rejects the defendant’s proposed repayment plan, proposes different terms - defendant is not an individual

(1) This paragraph applies where –

(a) the defendant is not an individual; and

(b) the claimant has accepted the defendant’s offer, but has rejected the defendant’s proposed repayment plan.

(2)  The claimant may also suggest a repayment plan.

(3) On receiving the claimant’s rejection, the court will send the claim out of Online Civil Money Claims, to the “CCBC” (as defined).

Claimant fails to respond to defendant’s proposed repayment plan, or to the affordability calculation repayment plan

7.35 If, within 33 days after being asked by the court, the claimant fails to tell the court whether they accept –

(a)  the defendant’s offer in full settlement of the claim;

(b) the defendant’s proposed repayment plan; or

(c) (where relevant) the affordability calculation repayment plan, the court must “stay” the proceedings (as defined). If the claimant then responds later, the court must automatically “lift” the stay (as defined) to allow the proceedings to be resumed.

Defendant offers to pay the amount admitted and proposed repayment plan – claimant rejects both the offer and repayment plan

7.36 If the claimant uses form OCON225A to reject the defendant’s part admission, it will be treated as a defence of the claim and Section 6 will apply. The court must inform the parties of this.

Sub-section D – Part admission and defence of the rest of the claim

When this sub-section applies

7.37 This sub-section applies where the defendant part admits the claim, defends the rest of the claim and uses form OCON9A to make the part admission and part defence.

Court to notify the claimant of when the defendant proposing to make payment of the partial amount admitted, and that the defendant is also defending the rest of the claim

7.38 When the court tells the claimant that it has received the part admission, it must also tell the claimant –

(a) whether the defendant has offered to pay the whole amount admitted so that the claimant received it within 5 days of the date of the admission, or whether the defendant has asked for more time to pay;

(b) if the defendant has asked for more time to pay, what “repayment plan” (as defined) the defendant is proposing for payment which could be payment so that the claimant received it by a date that is more than 5 days after the date of part admission, or payment by instalments; and

(c) that the claimant is defending the rest of the claim.

7.39 Court to ask the claimant for their response, and claimant’s response

(1) The court must ask the claimant whether they accept–

(a) the part admission in full settlement of the claim; and

(b) any repayment plan, or whether they reject the part admission and wish to continue with the claim.

(2) The claimant accepts or rejects the part admission and repayment terms (if relevant) by completing form OCON225A, and submitting it to the court using the OCMC website.

7.40 The claimant accepts the part admission with payment within 5 days

(1) This paragraph applies if the claimant accepts the part admission in full settlement of the claim where the defendant has offered to pay the amount admitted so that it is received within 5 days of the date of the part admission.

(2) The part admission is treated as if there had been no part defence as well, so that paragraph 7.20 applies. The court must inform the parties of this.

7.41 The claimant accepts the part admission and repayment plan

(1) This paragraph applies if the claimant accepts the part admission and repayment plan where the defendant has asked for more than 5 days to pay.

(2) The part admission is treated as if there had been no part defence as well, so that paragraphs 7.24 to 7.27 apply. The court must inform the parties of this.

7.42 The claimant accepts the part admission but not the repayment plan

(1) This paragraph applies if the claimant accepts the part admission but not the repayment plan where the defendant has asked for more than 5 days to pay.

(2) The part admission is treated as if there had been no part defence as well, so that paragraphs 7.28 to 7.33 apply if the defendant is an individual, which includes a sole trader, and paragraph 7.34 applies if the defendant is not an individual. The court must inform the parties of this.

The claimant rejects the part admission

7.43 If the claimant rejects the part admission, the defendant’s response will be treated as a defence of the whole, and Section 6 applies. The court must inform the parties of this.

The claimant fails to respond to the part admission

7.44 If, within 33 days after being asked by the court how they will respond to the defendant’s part admission and part defence, the claimant fails to respond, the court must “stay” the proceedings (as defined). If the claimant then responds later, the court must automatically “lift” the stay (as defined) to allow the proceedings to be resumed.

Sub-section E – Full and part admission – change of circumstances

7.45 Full and part admission – circumstances change so that either party wants to change the repayment plan

(1) If since the date of judgment on admission or part admission (or since the date of re-determination of repayment plan if relevant) there is a change in circumstances, either party may apply to the court to change the repayment plan.

(2) A party makes an application to change repayment plan by completing the relevant form set out in the table A, and submitting it to the court using the OCMC website. (Sub-paragraph (3) explains what plan would be considered more favourable to a defendant.)

Table A

Applicant

Nature of application

Relevant form

Claimant

Change repayment plan to be more favourable to the defendant

OCON294

Claimant

Change repayment plan to be less favourable to the defendant

OCON244

Defendant

Change repayment plan to be more favourable to themselves

OCON245

(3) If, within 6 years of the date of judgment or redetermination, the claimant asks to change the repayment plan to a plan that is more favourable to the defendant, the court must make an order changing the repayment plan as requested. A more favourable plan would be one that required repayment of a lump sum to be made later, or by instalments. A more favourable plan would also be one that required repayment by smaller instalments than originally required.

(4) If the claimant asks for a plan more favourable to the defendant more than 6 years after the date of judgment or redetermination, the request must be referred to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

(5) If the claimant asks for a plan less favourable to the defendant, the claimant must give reasons for the request, as well as the proposed plan.

(6) If the court receives a request for a plan less favourable to the defendant, it must transfer the claim out of Online Civil Money Claims to the defendant’s home court.

(7) If the defendant asks for a change of the repayment plan, the court must refer the request to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

Full and part admission – defendant changes their mind and wants to withdraw their full or part admission

7.46(1) If the defendant changes their mind and wants to withdraw their full or part admission, they may ask the court’s permission to withdraw the admission.

(2) The defendant asks permission to withdraw their admission by making an application using the procedure set out in Civil Procedure Rules Part 23.

(3) If the court receives an application for permission to withdraw, the court must send the claim out of Online Civil Money Claims.

(4) When the court sends the claim out of Online Civil Money Claims, it must direct that paragraph 7.2 of Civil Procedure Rule Practice Direction 14 is to apply to the application for permission to withdraw. That paragraph sets out the circumstances that the court has to consider, when it decides whether to give permission for a defendant to withdraw an admission that they made under Part 14 of the Civil Procedure Rules.

Sub-section F – Admission online, but not in the form of OCON9A

The defendant’s admission is online, but is not in form OCON9A

7.47(1) This sub-section applies if the defendant makes an “informal admission” by–

(a) responding online to the court on time;

(b) admitting the whole or part of the claim;

(c) but not using form OCON9A to make the whole or part admission; and

(d) making no other response.

(2) When the court tells the claimant that it has received an informal admission, it must also send a copy of the informal admission to the claimant.

(3) The claimant may request judgment on admission by completing and sending to the court form N225.  Any such request must be supported by a copy of the informal admission.

(4) If the court receives a request for judgment on whole or part admission, it must refer the request to a judge for “directions” (as defined). The directions may include a direction to enter judgment, or a direction to send the claim out of Online Civil Money Claims.

(5) If the court receives an informal admission, but then also receives a request for judgment in default of a response from the defendant, the court must not send the claim out of Online Civil Money Claims under paragraph 11.1(3); instead the court must refer the request for default judgment to the judge for “directions” (as defined).

SECTION 8 – DEFENDANT’S RESPONSE ONLINE – DEFENDANT COUNTERCLAIMS

[This Section is blank at present.]

SECTION 9 – DEFENDANT’S RESPONSE ONLINE – ALTERNATIVE RESPONSES

9.1(1) Sub-paragraph (2) applies if the defendant submits a response form, but the response is other than –

(a) only to defend the whole of the claim;

(b) using “new features” (as defined) only to admit the whole of the claim;

(c) using “new features” only to admit part of the claim;

(d) using “new features” to admit part and defend the rest of the claim.

Such a response is referred to as an “alternative response”. An example of alternative response is where the defendant counterclaims or brings another additional claim under Part 20 of the Civil Procedure Rules.”.

9.1(2).If the court receives an alternative response, the court must send the claim out of Online Civil Money Claims to the CCBC.

SECTION 10 – DEFENDANT’S RESPONSE ON PAPER

Defendant’s response on paper

10.1(1) If the defendant wants to respond to the claim but is unable, for any reason, to do so online, the defendant must contact the court within 19 days after the date of issue of the claim form and confirm that they want to respond. For example, if the court issued the online claim form on 3rd March, the defendant would have to contact the court on or before 22nd March.

10.1(2) The defendant may contact the court by telephone, using the HMCTS (as defined) helpline telephone number printed on the claim form.

10.1(3) If the defendant has confirmed to the court that they are unable to use Online Civil Money Claims, the court must send the defendant a paper copy of each of the following forms –

(a) Form OCPN9RP – Acknowledgment of Service; and

(b) Form N9A – Admission or Form N9B – Defence and Counterclaim, as appropriate (“paper response form”).

10.1(4) When the court sends the acknowledgment of service and paper response form to the defendant, it must also tell the defendant of the date that it sent out those forms.

10.1(5) The court must tell the claimant –

(a) if the defendant is unable to use Online Civil Money Claims

(b) the date that it sent the paper forms to the defendant.

10.1(6) The defendant must submit to the court, on time, the completed acknowledgment of service form.

10.1(7) The acknowledgment of service form will be submitted on time if the court receives it within 19 days after the date that the court first sent the form to the defendant. For example, if the court sent the acknowledgment of service form to the defendant on 3rd March, the defendant would have to complete the form and send it back to the court so it was received by the court on or before 22nd March.

10.1(8) The defendant must also submit to the court a completed paper response form which must be received by the court within that 19 day period, unless the defendant has, on the acknowledgment of service form, already asked for more time to submit the response form to the court.

10.1(9) If the defendant has already asked for more time, the defendant must still submit the completed paper response form on time so that the court receives the form within 33 days after the date that the court sent the paper response form to the defendant. For example, if the court sent the paper response form to the defendant on 3rd March, the defendant would have to complete the form and submit it to the court so that it was received by the court on or before 5th April.

10.1(10) If the defendant does not submit the completed acknowledgment of service or paper response form to the court on time, the claimant may apply to the court for default judgment and paragraph 11.1 will apply.

10.1(11) If the defendant does submit the completed acknowledgment of service and paper response form on time, the court must send the claim out of Online Civil Money Claims to the CCBC.

10.1(12) The court must let the claimant and defendant know that the claim has been sent out of Online Civil Money Claims and explain why the claim has been sent out.

10.1(13) When the court sends the claim to the CCBC –

(a) this practice direction will no longer apply to the claim; but

(b) the rest of the Civil Procedure Rules and other practice directions will continue to apply with the following change: rule 26.3 (provisional allocation of a case to a case track in the court, and directions questionnaires) will apply as if the defendant filed the defence when the CCBC received the defendant’s paper response form from Online Civil Money Claims.

SECTION 10A – Informing the court that the claim has been settled

Informing the court that the claim has been settled

10A.1

(1) If the claimant uses the OCMC website to tell the court that the claim has been settled, the court must notify the defendant. When the court notifies the defendant, it must also tell the defendant that the claim will be stayed, unless the defendant contacts the court, on time, to object.

(2) The defendant contacts the court on time if they contact the court within 19 days after notification by the court.

(3) If the defendant objects on time, the court must transfer the claim out of Online Civil Money Claims to the “CCBC” (as defined).

(4) If the defendant does not object on time, the court must “stay” the proceedings (as defined).

SECTION 11 – CONSEQUENCES OF THE DEFENDANT FAILING TO RESPOND ON TIME

Consequences of the defendant failing to respond to the court on time: judgment in default of responding

11.1(1) If the defendant does not, on time, contact the court, submit an acknowledgment of service (if appropriate) and submit to the court a completed response form or completed paper response form, the claimant may request that the court make a judgment in default.

11.1(2) The claimant may request a judgment in default by completing and submitting form OCON205A (“judgment in default form”) online using the OCMC website.

11.1(3) If the court receives a judgment in default form, the court must send the claim out of Online Civil Money Claims to the CCBC. (Paragraph 7.47 contains an exception to this requirement, where the defendant has already made an informal admission using “new features” (as defined).)

What happens when the defendant does not respond, and the claimant does not take further action against the defendant, for 6 months

11.2 If 6 months have passed since the court issued the claim and in that time –

(a) the defendant has not responded to the claim; and

(b) the claimant has not applied for a default judgment or summary judgment, the court must “stay” the proceedings (as defined).

SECTION 12 – WHAT HAPPENS WHERE THERE HAS BEEN NO ACTION ON A CLAIM FOR 6 MONTHS

What happens where there has been no action on a claim for 6 months

12.1 If no steps have been taken on a claim by either the claimant or the defendant for 6 months, the court must “stay” the proceedings (as defined).”.

SECTION 13 – CONFIRMING THAT THE CONTENTS OF CLAIM FORMS, RESPONSE FORMS AND PAPER RESPONSE FORMS ARE TRUE (STATEMENT OF TRUTH)

31.1(1) When the claimant submits a claim form, the form must include the following statement of truth signed by the claimant:
“I believe that the facts stated in this claim form are true.”

31.1(2) When the defendant submits a response form or paper response form (as appropriate), the form must include the following statement of truth signed by the defendant:
“I believe that the facts stated in this response form are true.”

31.1(3) A statement of truth is signed by that person entering their name in the required field in the online form or manually signing at the appropriate place on a paper form.

31.1(4) If the claimant or defendant signs a statement of truth in a document without an honest belief in the truth of what is contained in the document, proceedings for contempt of court may be brought against that person.

(Section 6 of Part 81of the Civil Procedure Rules contains rules about committing someone to prison for contempt of court.)

SECTION 14 – SUBMITTING DOCUMENTS AT COURT– TIMING OF SUBMITTING, AND RESPONSIBILITY FOR SUBMITTING ON TIME

Submitting documents at court– timing of submitting, and responsibility for submitting on time

14.1(1) If the OCMC website is functioning normally so that it can receive forms and documents, and the court receives a form or document at or after 4p.m., that form or document is treated as submitted before 4p.m. on the next day the court office is open.

14.1(2) If –

(a) the OCMC website is malfunctioning and cannot receive forms and/or documents;

(b) that malfunction starts before but continues up to or beyond 4 p.m. on a particular day; and

(c) that malfunction alone prevents a person from being able to submit a form or document within a time limit imposed by this practice direction or in “directions” (as defined),

a judge must give directions to alter the time limit for submitting that form or document, so that the time limit does not expire until after the website is again functioning normally. The judge’s directions may be expressed to apply to a specific claim, or may apply more generally, for example to any number of claims, or to claims of a particular type.

14.1(3) If a time limit imposed by this practice direction or in directions expires on a day when the CCBC (as defined) is closed, a form or document is still submitted before on time if it is submitted before 4p.m. on the next day the court office is open.

14.1(4) Where any time limit applies (whether imposed by this practice direction or in any other way) it is the relevant party’s responsibility to ensure that a form or document is submitted on time.

(Civil Procedure Rule Practice Direction 2A paragraph 3.2 sets out the days when court offices (including the CCBC) are closed.)

SECTION 15 – FORM OF JUDGMENTS – STANDARD REQUIREMENTS

Form of judgments – standard requirements

15.1(1) Any judgment, order or “directions” (as defined) made under this practice direction must state the name and the judicial title or other official role of the person who made them.

(2) A party must comply with a judgment or order for the payment of money (including costs) within 19 days of the date of the judgment or order, unless –

(a) the judgment or order sets a different date for the payment;

(b) any of the provisions of this practice direction specifies a different time for compliance; or

(c) the court has “stayed” (as defined) the proceedings or judgment.

SECTION 16 – PROCESS FOR RESUMING A CLAIM THAT HAS BEEN STAYED (“LIFTING” A STAY)

Process for resuming a claim that has been stayed (“lifting” a stay)

16.1(1) This Section sets out the process for lifting a stay of proceedings (as defined) so that proceedings on a claim may be resumed. If, however, another provision contains provisions about resuming claims that have been stayed in particular circumstances, that provision prevails to the extent that it is inconsistent with this Section.

(2) If the proceedings have been stayed, any party may make an application to the court using form N244 Application notice to “lift” the stay (as defined) so that the proceedings on the claim can be resumed.

(3) An application to lift the stay must be made using the procedure set out in Civil Procedure Rules Part 23.

(4) If the court receives an application to lift the stay, the court must refer the application to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.”.

SECTION 17 – PROCEDURE WHERE THE PARTIES MAKE AN APPLICATION OR REQUEST TO THE COURT NOT COVERED BY ONLINE CIVIL MONEY CLAIMS

Procedure where the parties make an application or request to the court not covered by online civil money claims

17.1(1) If the claimant or defendant wants to make an application or request to the court which is not catered for by this practice direction, that party must notify the court.

17.1(2) When the court receives any such application or request, the application or request must be considered by a judge or a “legal adviser” (as defined), if appropriate, who must give directions as to how the application or request is to be handled. The directions may include that the claim be sent out of Online Civil Money Claims. It will only be appropriate for a legal adviser to consider a particular application if a provision elsewhere in the Civil Procedure Rules enables them to consider applications or requests of that type.

SECTION 18 – PARTIES OR THE COURT REQUIRING THE CLAIM TO BE SENT OUT OF ONLINE CIVIL MONEY CLAIMS

The claimant or defendant no longer wishes to take part in the Online Civil Money Claims

18.1 If the claimant or defendant no longer wishes to take part in Online Civil Money Claims, they may request that the court sends the claim out. If the court receives such a request, it must refer the matter to a judge. The judge must then direct that the claim be sent out of the Online Civil Money Claims.

Court considers that a claim is not - or is no longer - suitable for Online Civil Money Claims

18.2 Where a claim has not already been sent out of Online Civil Money Claims but the court, at any stage, concludes that the claim is not suitable for Online Civil Money Claims, or is no longer suitable for it, or is otherwise not appropriate for it, the judge must send the claim out.

SECTION 19 – PROCESS FOR SENDING A CLAIM OUT OF ONLINE CIVIL MONEY CLAIMS WHERE NO OTHER PROVISION APPLIES

Process for sending a claim out of online civil money claims where no other provision applies

19.1(1). If –

(a) a provision of this practice direction requires the court or a judge to send a claim out of Online Civil Money Claims; or

(b) under “directions” (as defined) a claim is to be sent out of Online Civil Money Claims,  then this Section sets out the process for sending the claim out. If, however, another provision applies to a particular claim and sets out the whole or part of the process for sending out, that provision prevails to the extent that it is inconsistent with this Section.

19.1(2) A judge must decide where to send a claim that is being sent out.

19.1(3) To ensure that a claim is sent out of Online Civil Money Claims successfully, the court may give directions (as defined) about how the claim is to be sent out, which may include changing how any of the Civil Procedure Rules or any of the other practice directions will apply to the claim.

19.1(4) If the court sends a claim out of Online Civil Money Claims, the court must inform the claimant and defendant of this and must –

(a) explain why the claim has been sent out; and

(b) set out any directions given by the court.

19.1(5) Once the court sends the claim out of Online Civil Money Claims, this practice direction will no longer apply to the claim, but the rest of the Civil Procedure Rules and other practice directions will continue to apply, with any changes that the court has directed.”.

ANNEX A – Formula for calculation by the court of repayment terms

ANNEX A – Formula for calculation by the court of repayment terms (PDF)

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