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 2A – Payment of court fees 
Payment of court feesParagraph 2A.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 or responseParagraph 4.2
Issue and service of the claimParagraph 4.3
SECTION 5 – Parties acting in person - Defendant’s response online - general 
Application of this SectionParagraph 5.A1
Defendant’s response online – when and how to respondParagraph 5.1
Defendant to complete directions questionnaire online (form OCON180), to tell the court about their hearing requirementsParagraph 5.2
SECTION 6 – Parties acting in person –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 – defendant defending the claim, but willing to mediateParagraph 6.2
Sub-section C – defendant claiming they have paid in full, and not willing to mediateParagraph 6.3
OmittedParagraph 6.7
OmittedParagraph 6.8
SECTION 6A – Represented claimant – Defendant’s response to the claim 
Application of this SectionParagraph 6A.1
Defendant’s response to the claimParagraph 6A.2
Defendant’s response – defence and counterclaimParagraph 6A.3
Defendant’s response – defend the whole of the claimParagraph 6A.4
Defendant’s response – defend the whole of the claim but willing to mediateParagraph 6A.5
Defendant’s response – defend the whole of the claim and not willing to mediateParagraph 6A.6
SECTION 6B – Represented claimant, unrepresented defendant - defendant’s response in WelshParagraph 6B.1
SECTION 6C – Defended claims – management of the claim once directions questionnaires have been considered and directions made 
Following directions, defended claims to be sent out unless all parties represented and claim proceeding in an early adopter courtParagraph 6C.1
Filing and exchanging of budgetsParagraph 6C.2
Trial readiness certificateParagraph 6C.3
Trial bundlesParagraph 6C.4
SECTION 7 - Defendants electronic response – defendant responds only to admit the claim in whole or part, or to admit 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 or by a formal electronic indication and makes no other responseParagraphs 7.2 to 7.17
OmittedParagraphs 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 submitted electronically, but not in the form of OCON9A or by a formal electronic indicationParagraph 7.47
SECTION 8 -  Defendant's response submitted electronically - Defendant counterclaims [This Section is blank at present] 
SECTION 9 – Defendant’s response under paragraph 5.1 table a using form n9b – alternative responsesParagraph 9.1
SECTION 10 – Parties acting in person –Defendant’s response on paper 
Application of this SectionParagraph 10.A1
Defendant’s response on paperParagraph 10.1
Defendant’s response is other than a defence of the whole of the claim onlyParagraph 10.2
Defendant’s response is a defence of the whole of the claim onlyParagraph 10.3
Defendant submits the response form, but does not indicate the nature of the responseParagraph 10.4
Paper response where claimant is represented but defendant is unrepresentedParagraph 10.5
SECTION 10A – Informing the court that the claim has been settledParagraph 10A.1
SECTION 11 – Consequences of the defendant failing to respond on time 
Defendant acting in person – consequences of the defendant failing to respond to the court on time: judgment in default of respondingParagraph 11.1
Defendant acting in person – when default judgment cannot be madeParagraph 11.1A
Represented defendant – consequences of the defendant failing to respond to the court on time: judgment in default of respondingParagraph 11.1B
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 - – Parties acting in person – what happens where there has been no action on a claim for 6 months 
Parties acting in person – 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 time evidence 
Submitting documents at court – timing of submitting and responsibility for submitting on timeParagraph 14.1
Documents scanned by the bulk scanning provider – treated as true copy of the original by the courtParagraph 14.2
Changes to practice direction 32 - evidenceParagraph 14.3
Represented Parties – Evidence and other documents to be filed at courtParagraph 14.4
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 16A – Court may refer matters to a judge or legal adviser 
Court may refer matters to a judge or legal adviserParagraph 16A.1
Section 16B – Represented parties – Applications 
Represented parties - applications for court orders after the stage where hearing information is provided and directions madeParagraph 16B.1
Represented parties – other applicationsParagraph 16B.2
SECTION 17 – Parties acting in person – Procedure where the parties make an application request or to the court not covered by Online Civil Money Claims  
Parties acting in person – 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
SECTION 20 – Legal Advisers 
Scope of this SectionParagraph 20.1
Jurisdiction of legal advisers – and limits on the jurisdictionParagraph 20.2
Reconsideration of a decision made by a legal adviserParagraph 20.3
SCHEDULE TO SECTION 20 – Table A 
SECTION 21 – Change to legal representation - digital notices of change 
Change to legal representation - digital notices of changeParagraph 21.1
ANNEX A – Formula for calculation by the court of repayment terms 

SECTION 1 - DEFINITIONS AND INTERPRETATION

1.1 Definitions

"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;

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

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

"alternative response” has the meaning given by paragraph 9.1;

“bulk scanning provider” means the bulk scanner supplying scanning services via the OCMC postal address;

"CNBC” means the Civil National Business Centre;

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

“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);

“claimant” means the person who makes an online claim against another person;

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

"CTSC” means the Courts and Tribunals Service Centre at Stoke on Trent;

“the defendant” means the person that the claimant is making the claim against;

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

“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;

"early adopter court” means a County Court hearing centre that has been selected to trial more advanced features within Online Civil Money Claims and is listed on the HCMTS Reform Civil Fact Sheet which can be found at www.gov.uk/government/publications/hmcts-reform-civil-fact-sheets;

“enter judgment” means the court makes and records a judgment;

Form OCON180” means form OCON180 – directions questionnaire online, that parties acting in person complete and submit to tell the court about their hearing requirements, should a court hearing be necessary;

"Help with Fees” means remission or part remission of a fee prescribed by the Civil Proceedings Fees Order 2008;

HMCTS” means HM Courts and Tribunals Service;

“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;

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

MyHMCTS” means the online case management tool managed by HMCTS

“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;

“online claim form” means, if the claimant is acting in person, form OCON1 found on the Online Civil Money Claims website that is the form that the claimant must use to make an online claim, or if the claimant is being legally represented, the claim form that is completed using the relevant screens on the OCMC website;

“OCMC postal address” means the address for submitting documents in paper copy set out at paragraph 2.1(2);

“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 acting in person at www.gov.uk/make-money-claim, and for defendants acting in person at www.gov.uk/respond-money-claim, and accessible for legal representatives through MyHMCTS;

“paper response form” means Form OCON9X – Respond to a money claim, 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;

preferred court” means –

(a) if the defendant is not an individual and the claimant has submitted form OCON180 to the court or the claimant’s legal representative has submitted the online directions questionnaire using the OCMC website acting in person at www.gov.uk/respond-money-claim, and accessible for legal representatives through MyHMCTS, the county court hearing centre specified in that form; or

(b) in all other cases, the county court hearing centre specified in form OCON180 submitted by the defendant or specified in the online directions questionnaire submitted by the defendant’s legal representative using the OCMC website;

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

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

“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.

“response form” means:

(a) in the case of a defendant acting in person, 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);

(b) in the case of a defendant who is legally represented, the response form that has been completed using the relevant screens on the OCMC website;

“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 or typing their name 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 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 1 October 2024. The pilot applies in the County Court.

2.1(2) Claims started using Online Civil Money Claims will be issued in the CTSC and will proceed there under the pilot unless they are sent out of 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: HMCTS CMC, PO Box 12747, Harlow, CM20 9RA.

2.1(3) A 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 only not exceeding the amount specified in subparagraph (6) 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) subject to subparagraph (7), either—

(i) the claimant will not be getting help with bringing the claim from a “legal representative” (as defined) and the claimant believes that the defendant will not be getting help with defending the claim from a “legal representative”; or

(ii) the claimant and the defendant are each represented by a legal representative who is registered with MyHMCTS, and the claimant will not, before submitting their claim, apply for remission or part remission of a fee prescribed by the Civil Proceedings Fees Order 2008;

(iii) the claimant is represented by a legal representative who is registered with MyHMCTS, the claimant believes that the defendant will not be getting help with defending the claim from a “legal representative”, and the claimant will not, before submitting their claim, apply for remission or part remission of a fee prescribed by the Civil Proceedings Fees Order 2008;

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

(f) where—

(i) subparagraph (d)(i) or (iii) applies, there is only one claimant making the claim, and the claimant informs the court that there is only one defendant; or

(ii) subparagraph (d)(ii) applies, the claim is brought by one claimant against either one or two defendants, or is brought by two claimants against one defendant;

(g). if an individual, 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 –

(i) the United Kingdom if the claimant is acting in person;

(ii) England and Wales if the claimant is represented by a legal representative;

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

(k). Omitted

(l). the claim is conducted in English, save that in a case to which paragraph (d)(iii) applies the defendant may respond to the claim in Welsh;

(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). Omitted

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

(iii) if an individual, is aged 18 years or older;

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

(v). is not the Crown.

2.1(4) Omitted

2.1(5) If the claimant decides to use Online Civil Money Claims, this practice direction applies. 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.

2.1(6) The amount specified is—

(a)£10,000 if subparagraph (3)(d)(i) applies; or

(b)£25,000 if subparagraph (3)(d)(ii) or (iii) applies.

2.1(7) If both the claimant and the defendant are represented, and the claim is suitable for the pilot except that the defendant’s legal representative is not registered with MyHMCTS, the claimant may nevertheless start the claim using the OCMC website and Sections 2A to 4 of this practice direction apply, but the claim will be sent out of Online Civil Money Claims as soon as it has been issued.

SECTION 2A – PAYMENT OF COURT FEES

Payment of court fees

2A.1-(1) Unless –

(a) a party is acting in person; and

(b) they have made an application for Help with Fees,

a party may only take a step using Online Civil Money Claims on payment of any relevant fee.

(Relevant court fees are set out in the Civil Proceedings Fees Order 2008.)

(2) Court fees must be paid using any method permitted by HMCTS.

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

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

Starting an online claim

4.1(1) In order to start the process of making an online claim against another person, the claimant must –

(a). if acting in person, complete form number OCON1, or if being represented by a legal representative complete the claim form using the relevant claim form screens, found on the OCMC website (“the online claim form”);

(b) pay the appropriate fee that is prescribed in the Civil Proceedings Fees Order 2008 unless they have made an application for Help with Fees (as defined), 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 or response

4.2 If the claimant wants to amend their claim, or a defendant wants to amend their response, after their claim or response form (as appropriate) has been submitted, the claimant or defendant must make an application to the court in accordance with Civil Procedure Rules Part 23. If the court receives such an application, it must refer the application to a judge for directions, which may include that the claim be sent out of Online Civil Money Claims.

4.3 Issue and service of the claim to the claim form

4.3(1) Unless the claimant is acting in person and had made an application for Help with Fees, when the court receives a submitted claim form from the claimant and the fee for issuing the claim is paid in full, the court must issue the claim.

(1A) If the claimant is acting in person and has made an application for Help with Fees, the court must issue the claim only once the fee has been remitted, or in so far as it is not remitted, the fee for issuing the claim is paid in full.

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) If the claim is one where paragraph 2.1(3)(d)(i) or (iii) applies, the court must serve the claim on the defendant, and sub-paragraphs (4) and (5) apply.

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.

4.3(6) If all parties are legally represented –

(a) the court is to use the OCMC website to –

(i) serve the claim form on the defendant of the claim; and

(ii) provide to the claimant a copy of the issued claim form;

(b) the claim is brought for the purpose of the Limitation Act 1980 and any other period of limitation at the point at which the claim is issued, and not before. CPR Practice Direction 7A paragraph 6.1 does not apply; and

(c) service of the claim form in accordance with subparagraph (a)(i) constitutes service of the claim form in accordance with Civil Procedure Rule 7.5(1).

SECTION 5 – PARTIES ACTING IN PERSON – DEFENDANT’S RESPONSE ONLINE – GENERAL

Application of this Section

5.A1 This Section applies only where the parties are acting in person.

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

Defence and counterclaim

Form N9B

Paper copy to the OCMC postal address

Defence and notice of additional claim

Form N9B Defence and Counterclaim (specified amount)

Paper copy to the OCMC postal address

Defence and additional claim

Form N9B Defence and Counterclaim (specified amount)

Paper copy to the OCMC postal address

Admission

Form OCON9A Admission (specified amount)

Electronically, using the OCMC website

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 using the OCMC website 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 at or after 4.00 p.m, it is treated as submitted the following day.)

(7A) If at first the defendant had been unable to respond online and had instead contacted the court and been given more time under paragraph 10.1(9) to respond on paper, if the defendant then became able to respond online, the defendant must still submit their completed response form on time. The form is submitted on time if it is received by the court 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.

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 paragraph 11.1 will apply.

Defendant to complete directions questionnaire online (form OCON180), to tell the court about their hearing requirements

5.2

(1) This paragraph applies where—

(a) the defendant wishes to defend the whole of the claim, and will be using form OCON9B to make the response; or

(b) the defendant wishes to defend part of the claim and admit part of the claim and uses form OCON9A and OCON9B to make the response.

(2) At the same time that the defendant submits the completed response form to the court in accordance with paragraph 5.1, the defendant must also submit completed form OCON180 to the court, to tell the court what requirements the defendant would have, should a court hearing be necessary.

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

Sub-section A - Introduction

6.1(1) This Section applies where the parties are acting in person and 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, before or at the same time that the response form has been received by the court, the defendant has indicated to the court that they do not wish to opt out of mediation.

(3) Sub-section C applies if the defendant is not willing to mediate.

(4) Omitted

(5) Omitted

Sub-section B – defendant defending the claim, but willing to mediate

6.2(1) This paragraph applies when sub-section B of section 6 applies.

(2) The court must ask the claimant whether they accept  the defendant’s defence, or whether they do not accept it 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 claimant must, at the same time, also submit completed form OCON180 to the court, to tell the court what requirements the claimant would have, should a court hearing be necessary, and must also indicate to the court whether they are willing to mediate.

(5A) If the claimant has also not opted out of mediation –

(a) the court must “stay” the proceedings (as defined) for 28 days, to allow for mediation, and the 28-day period is calculated from and including the date that the response from the claimant is received by the court; and

(b) 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 –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(9A) If the forms are not considered by a judge or legal adviser under subparagraph (9), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(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 to the “preferred court” (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.

(12) If the claimant wishes to continue with the claim but refuses to mediate –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(13) If the forms are not considered by a judge or legal adviser under subparagraph (12), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(14) 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 –

(i) Omitted

(ii) Civil Procedure Rules 26.4, 26.5 and 26.6 do not apply; and

(iii) if an “order for allocation” has been made while the claim is in Online Civil Money Claims, Civil Procedure Rules 26.7 does not apply. (An “order for allocation” is a court order that sets out what route (known as a “track”) the case will follow, based on the value of the claim and how complicated the case is.)

(On a claim being sent out, any party’s form OCON180 is treated as their completed directions questionnaire form N180 – see paragraph 19.1(5).

Sub-section C – defendant defending the claim, and not willing to mediate

6.3(1) This paragraph applies when sub-section C of Section 6 applies.

(2) The court must ask the claimant whether they accept the defendant’s defence, or whether they do not accept it 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, then at the same time, the claimant must also submit completed form OCON180 to the court, to tell the court what requirements the claimant would have, should a court hearing be necessary.

(6) Once the court has received the claimant’s form OCON180 –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(7) If the forms are not considered by a judge or legal adviser under subparagraph (6), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(8) 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) Omitted

(b) Civil Procedure Rules 26.4, 26.5 and 26.6 do not apply; and

(c) if an “order for allocation” has been made while the claim is in Online Civil Money Claims, Civil Procedure Rules 26.7 does not apply. (An “order for allocation” is a court order that sets out what route (known as a “track”) the case will follow, based on the value of the claim and how complicated the case is.)

(On a claim being sent out, any party’s form OCON180 is treated as their completed directions questionnaire form N180 – see paragraph 19.1(5)).

6.4 Omitted

6.5 Omitted

6.6 Omitted

6.7 Omitted

 

6.8 Omitted

SECTION 6A – REPRESENTED CLAIMANT – DEFENDANT’S RESPONSE TO THE CLAIM

Application of this Section

6A.1This Section applies where all the parties are represented by a legal representative and also where the claimant is represented by a legal representative but the defendant is not.

Defendant’s response to the claim

6A.2 (1) Unless the parties have agreed a time extension under subparagraph (2), the defendant must respond to the claim by completing and submitting the response form to the court using the OCMC website by 4pm on the 28th day after the issue of the claim form.

(2)  The parties may agree an extension of time of up to 28 days in total. The defendant must record on the OCMC website any such agreed extension of time before the expiry of the original 28 day time limit.

(3) If a time extension has been agreed and recorded under subparagraph (2), the defendant must respond to the claim using the OCMC website by 4pm on the last day of the agreed extended time.

(4)  If the parties have agreed an extension of time of less than 28 days but then wish to increase the extension up to 28 days in total, the defendant must file an application at the CTSC.

(5) On receipt of the application under subparagraph (4), the court is to send the claim out of Online Civil Money Claims.

Defendant’s response – defence and counterclaim

6A.3 If the defendant responds to defend the claim and make a counterclaim, the court must send the claim out of the pilot to the CNBC for the claim to continue as if it had started under CPR Part 7.

Defendant’s response – defend the whole of the claim

6A.4(1) If the defendant responds to defend the whole of the claim, at the same time that they submit their response form, they must submit the directions questionnaire, by completing and submitting the relevant screens using the OCMC website.

(2) The defendant’s response must include the information required by CPR 16.5.

(3) If the defendant responds to the claim with a defence, the claimant must –

(a)  indicate whether they want to continue with the claim; and

(b) if they do want to continue with the claim, complete the directions questionnaire using the OCMC website,

before 4pm on the 28th day after date of notification of the defendant’s response.

(4) If, before the expiry of the time limit in subparagraph (3), 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).

(5) If the claimant does not comply with subparagraph (3) within the time specified in that subparagraph—

(a) the claim will, at that point, be sent out of Online Civil Money Claims to a County Court Hearing Centre under paragraph 19.1;

(b) the claim will be treated in the same way as if the claimant had failed to comply with a notice served under CPR 26.4(1); and

(c) an order will be made under CPR 26.4(9).

Defendant’s response – defend the whole of the claim but willing to mediate

6A.5(1) This paragraph applies if –

(a) the defendant is defending the whole of the claim but is willing to mediate; and

(b) the claimant wants to continue with the claim and complies with paragraph 6A.4(3) within the specified time.

(2) At the same time that the claimant complies with paragraph 6A.4(3), they must indicate whether they are willing to mediate.

(3) If the claimant has not opted out of mediation –

(a) the court must “stay” the proceedings (as defined) for 28 days, to allow for mediation, and the 28-day period is calculated from and including the date that the response from the claimant is received by the court; and

(b) 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.

(4) 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.

(5) If the 28 day stay of proceedings ends without the claimant telling the court that a settlement has been reached –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(6) If the forms are not considered by a judge or legal adviser under subparagraph (5), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(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.

(8) If the claimant wishes to continue with the claim but refuses to mediate –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(9) If the forms are not considered by a judge or legal adviser under subparagraph (8), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(10) 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 Rules 26.4, 26.5, 26.6 do not apply; and

(b) if an “order for allocation” has been made while the claim is in Online Civil Money Claims, Civil Procedure Rule 26.7 does not apply. (An “order for allocation” is a court order that sets out what route (known as a “track”) the case will follow, based on the value of the claim and how complicated the case is.)

(On a claim being sent out, any party’s directions questionnaire is treated as their completed directions questionnaire form N180 – see paragraph 19.1(5)).

Defendant’s response – defend the whole of the claim and not willing to mediate

6A.6(1) This paragraph applies if –

(a) the defendant is defending the whole of the claim but is not willing to mediate; and

(b) the claimant wants to continue the claim and complies with paragraph 6A.4(3) within the specified time.

(2) Once the court has received the claimant’s directions questionnaire –

(a) a legal adviser may consider the forms under Section 20, Table A; or

(b) irrespective of the amount of the claim, a judge may consider the forms.

(3) If the forms are not considered by a judge or legal adviser under subparagraph (2), the court must send the claim out of Online Civil Money Claims to the “preferred court” (as defined), and the court must tell the parties that the claim has been sent out, and explain why.

(4) 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 Rules 26.4, 26.5, 26.6 do not apply; and

(b) if an “order for allocation” has been made while the claim is in Online Civil Money Claims, Civil Procedure Rule 26.7 does not apply. (An “order for allocation” is a court order that sets out what route (known as a “track”) the case will follow, based on the value of the claim and how complicated the case is.)

(On a claim being sent out, any party’s directions questionnaire is treated as their completed directions questionnaire form N180 – see paragraph 19.1(5)).

SECTION 6B – REPRESENTED CLAIMANT, UNREPRESENTED DEFENDANT – DEFENDANT’S RESPONSE IN WELSH

6B.1(1) This paragraph applies where the defendant, in a case to which paragraph 2.1(3)(d)(iii) applies, exercises the option to respond to the claim in Welsh.

(2) The response shall be sent for translation into English, and the translation provided by the court to the claimant.

(3) The time period for the claimant to take any further step on receipt of the defendant’s response starts on the date on which the court provides the translation to the claimant.

SECTION 6C – DEFENDED CLAIMS – MANAGEMENT OF THE CLAIM ONCE DIRECTIONS QUESTIONNAIRES HAVE BEEN CONSIDERED AND DIRECTIONS MADE

Following directions, defended claims to be sent out unless all parties represented and claim proceeding in an early adopter court

6C.1(1) Once a judge or legal adviser has considered the forms under paragraphs 6A.5(5) or 6A.6(2) and made directions, the claim is to be sent out of Online Civil Money Claims unless subparagraph (2) applies.

(2) This subparagraph applies if –

(a) all the parties are represented by a legal representative;

(b) the claim is proceeding in an “early adopter court” (as defined); and

(c) the parties are notified that the claim has been sent to that early adopter court.

(If subparagraph (2) applies, the claim remains in Online Civil Money Claims so that this practice direction continues to apply.).

Filing and exchanging of budgets

6C.2 In those claims to which the provisions of Section II of Civil Procedure Rules Part 3 and Practice Direction 3E apply, CPR 3.13(1)(a) is disapplied and all parties except litigants in person must file and exchange budgets in accordance with Civil Procedure Rule 3.13(1)(b), namely not later than 21 days before the first case management conference.

Trial readiness certificate

6C.3(1) This paragraph applies where a claim is allocated to the fast track.

(2) Civil Procedure Rule 28.4 and 28.5 do not apply, except to the extent provided for by subparagraph (6).

(3) Within 2 weeks of notice from the court via the OCMC website to do so, the parties must use the relevant screens on the OCMC website to complete and submit a “trial readiness certificate”, to indicate whether they are ready for trial and to update any hearing requirements already given to the court.

(4) As soon as practicable after the date that all trial readiness certificates are submitted, the court shall—

(a) fix the date for the trial, unless it has already done so;

(b) give any directions for the trial, including a trial timetable, which it considers appropriate; and

(c) specify any further steps that need to be taken before trial,

and the court shall give the parties at least 3 weeks’ notice of the date of the trial unless, in exceptional circumstances, the court directs that shorter notice be given.

(5)  Notwithstanding that the parties must complete a trial readiness certificate, a judge may nevertheless direct that a pre-trial checklist (listing questionnaire) be sent to the parties for completion as well.

(6) If a pre-trial checklist is sent to the parties for completion under subparagraph (5)–

(a) Civil Procedure Rule 28.4 applies with the following modification: rule 28.4(1) applies as if it permits (but does not require) the court to send the parties a pre-trial checklist (listing questionnaire) for completion and return in accordance with that rule;

(b) Civil Procedure Rules PD 28 paragraph 6.1(2) similarly applies as if it permits (but does not require) the court to send out Forms N170 and N171 to the parties; and

(c) Civil Procedure Rule 28.5 applies.

Trial bundles

6C.4(1) Civil Procedure Rules PD28 paragraph 7.2(2)(c) shall have effect as if after “trial bundle” there were inserted “(but only if the parties consider this necessary, in the light of the automatic creation of a trial bundle in Online Civil Money Claims)”.

(2) Civil Procedure Rules PD28 paragraph 9.4 shall have effect as if after “base its order on those forms” there were inserted “, save that, in the light of the automatic creation of a trial bundle in Online Civil Money Claims, a direction for the lodging of a trial bundle should only be made if the court considers such a direction to be necessary.

SECTION 7 - DEFANDANTS ELECTRONIC RESPONSE – DEFENDANT RESPONDS ONLY TO ADMIT THE CLAIM IN WHOLE OR PART, OR TO ADMIT PART AND DEFEND THE REST OF THE CLAIM

Sub-section A - Introduction to this Section

7.1(1) Subject to sub-paragraph (1A), this Section applies where the defendant responds electronically admitting the whole or part of the claim, or admitting part and defending the rest of the claim.

(1A) The provisions of this Section listed below apply as provided below—

(a) paragraphs 7.8, 7.9, 7.41C and 7.41D only apply (as provided in sub-paragraph (1)(za) of each of those paragraphs) where none of the parties is represented by a legal representative; and

(b) paragraph 7.10 (and with it paragraphs 7.11-7.15) applies only where none of the parties is represented by a legal representative, except that (by virtue of paragraph 7.10(2A)) paragraph 7.10(2) applies where the claimant (but not the defendant) is, or all the parties are, represented by a legal representative, so as to provide that the claim is sent out of Online Civil Money Claims at that stage.”.

(2) Sub-section B applies only to full admissions, where the defendant –

(a) uses form OCON9A to make the admission and makes no other response, where none of the parties is represented by a legal representative; or

(b) indicates electronically using the indication of response function on the OCMC website that they admit the whole of the claim and makes no other response, where the claimant is, or all parties are, represented by a legal representative.

(3) Omitted

(4) Sub-section D applies where the defendant part admits the claim and defends the rest of it, and –

(a) uses form OCON9A to make the part admission and part defence, where none of the parties is represented by a legal representative; or

(b) indicates electronically using the indication of response function on the OCMC website that they admit part of the claim and defend the rest of it, where the claimant is, or all parties are, represented by a legal representative.

(5) Sub-section E applies to both full and part admissions, where –

(a) the defendant uses form OCON9A to make the admission, where none of the parties is represented by a legal representative; or

(b) indicates electronically using the indication of response function on the OCMC website the whole or part admission, where the claimant is, or all parties are, represented by a legal representative, and there has been a change of circumstances.

(6) Sub-section F applies to both full and part admissions, where –

(a) the defendant responds electronically, but does not use form OCON9A to make the admission, where none of the parties is represented by a legal representative; or

(b) the claimant is, or all the parties are, represented by a legal representative and the defendant responds electronically but does not use the indication of response function on the OCMC website to indicate their admission.

Sub-section B – Defendant admits the whole of the claim using form OCON9A or by a formal electronic indication 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, and the defendant –

(a) uses form OCON9A to make the admission and makes no other response, where none of the parties is represented by a legal representative; or

(b) if the claimant is, or all the parties are, legally represented, and the defendant indicates electronically using the indication of response function on the OCMC website that they admit the whole of the claim 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.

Defendant offers to pay the whole amount owed within 5 days

7.4(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 where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant requesting judgment using the relevant screens on 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 immediately.

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

(a) the claim;

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

(c) court fees, and fixed costs where the claimant is represented by a legal representative,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

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

7.5(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 where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant accepting or rejecting the proposal using the relevant screens on the OCMC website.

Claimant accepts the defendant’s proposed repayment plan

7.6(1) If the claimant has accepted the defendant’s proposed repayment plan using form OCON225 or using the relevant screens on the OCMC website (as appropriate), the claimant may request a judgment on admission, but does not have to: if none of the parties is represented by a legal representative, the claimant may decide to propose a settlement agreement instead.

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

7.7(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 where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant requesting judgment using the relevant screens on the OCMC website.

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

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

(a) the claim;

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

(c) court fees, and fixed costs where the claimant is represented by a legal representative,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(4) The judgment must state that the amount is to be paid in accordance with the defendant’s repayment plan unless, at the time the judgment is made, a repayment date specified in that repayment plan has passed.

(5) If a repayment date specified in the repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.8(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;

(za) none of the parties is represented by a legal representative;

(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement , unless, at the time the judgment is made, a repayment date specified in the settlement agreement has passed.

(6) If a repayment date specified in the settlement agreement has passed before the judgment is made, the judgment must still be made in accordance with that settlement agreement, but –

(a) if the settlement agreement states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the settlement agreement states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.9(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;

(za) none of the parties is represented by a legal representative;

(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the defendant’s proposed repayment plan, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(6) If a repayment date specified in the defendant’s repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.10(1) Subject to paragraph (2A), this paragraph, and paragraphs 7.11 to 7.15 apply where the defendant is an individual, which includes a sole trader, and the claimant is not represented by a legal representative.

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

(2A) Paragraph (2)also applies where the claimant is or all the parties are, represented by a legal representative, and in such a case, on receiving the claimant’s suggested repayment plan, the court will send the case out of Online Civil Money Claims, to the CTSC (as defined).

(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.

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

7.12(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(4) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan (as defined), unless, at the time the judgment is made, a repayment date specified in the affordability calculation repayment plan has passed.

(4A) If a repayment date specified in the affordability calculation repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

(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 redetermination 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 redetermination using the OCMC website. When requesting a redetermination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(6) The request for redetermination 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 redetermination on time, it must send the claim out of Online Civil Money Claims to the defendant’s “home court” (as defined).

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

7.13(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(7) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement, unless, at the time the judgment is made, a repayment date specified in the settlement agreement has passed.

(8) If a repayment date specified in the settlement agreement has passed before the judgment is made, the judgment must still be made in accordance with that settlement agreement, but –

(a) if the settlement agreement states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the settlement agreement states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.14(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan, unless, at the time the judgment is made, a repayment date specified in the affordability calculation repayment plan has passed.

(5A) If a repayment date specified in the affordability calculation repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

(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 redetermination 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 redetermination using the OCMC website. When requesting a redetermination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(8) The request for redetermination 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 redetermination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

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

7.15(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).

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).).

(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 redetermination of the plan for the repayment of the amount owed by the defendant. The claimant or defendant may make their request for redetermination to Online Civil Money Claims. When requesting a redetermination, the claimant or defendant must explain why they object to the plan ordered by the judge.

(8) The request for redetermination 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 redetermination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

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

7.16(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 “CNBC” (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.

Sections 7.18 to 7.36 – Omitted

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 and defends the rest of the claim and –

(a) uses form OCON9A to make the part admission and part defence, where none of the parties is represented by a legal representative; or

(b) indicates electronically using the indication of response function on the OCMC website that they admit part of the claim and defend the rest of it, where the claimant is, or all parties are, represented by a legal representative.

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.

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

7.39(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 where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant accepting or rejecting the part admission and repayment terms using the relevant screens on the OCMC website.

The claimant accepts the part admission with payment within 5 days

7.40(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. The court must inform the parties of this.

(3) If the claimant uses form OCON225A or the relevant screens on the OCMC website (as appropriate) 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.

(4) The claimant requests the judgment by completing form OCON225A and submitting it to the court using the OCMC website where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant requesting judgment using the relevant screens on the OCMC website. When requesting judgment, the claimant may also specify its repayment plan.

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

(6) 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, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(6A) If a repayment date specified in the repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

(7) 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 immediately.

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

(a) the amount admitted;

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

(c) court fees, and fixed costs where the claimant is represented by a legal representative,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

The claimant accepts the part admission and repayment plan

7.41(1) This paragraph applies if the claimant accepts the part admission and in full settlement of the claim 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, and paragraphs 7.41A to 7.41D apply. The court must inform the parties of this.

Claimant accepts part admission and repayment plan – claimant may request judgment on admission

7.41A If the claimant uses OCON225A or the relevant screens on the OCMC website (as appropriate) 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: if none of the parties is represented by a legal representative, the claimant may decide to propose a settlement agreement instead.

Claimant accepts part admission and repayment plan and decides to request a judgment on admission

7.41B(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 where none of the parties is represented by a legal representative, or if the claimant is, or all the parties are, legally represented, by the claimant requesting judgment using the relevant screens on the OCMC website.

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

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

(a) the amount admitted;

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

(c) court fees, and fixed costs where the claimant is represented by a legal representative,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(4) The judgment must state that the amount is to be paid in accordance with the defendant’s repayment plan, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(5) If a repayment date specified in the defendant’s repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

Claimant accepts part admission and repayment plan, proposes a settlement agreement instead of requesting a judgment on admission – defendant accepts the proposal for a settlement agreement

7.41C (1) If –

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

(za) none of the parties is represented by a legal representative;

(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).

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement, unless, at the time the judgment is made, a repayment date specified in the settlement agreement has passed.

(6) If a repayment date specified in the settlement agreement has passed before the judgment is made, the judgment must still be made in accordance with that settlement agreement, but –

(a) if the settlement agreement states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the settlement agreement states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.41D (1) If –

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

(za) none of the parties is represented by a legal representative;

(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).

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the defendant’s proposed repayment plan, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(6) If a repayment date specified in the defendant’s repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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, and paragraphs 7.42A to 7.42F apply if the defendant is an individual, which includes a sole trader, and paragraph 7.42G applies if the defendant is not an individual. The court must inform the parties of this.

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

7.42A-(1) If the claimant has rejected the defendant’s proposed repayment plan, the claimant may also suggest a repayment plan. If the claimant suggests a repayment plan then—

(a) if all the parties are represented by a legal representative or the claimant is represented by a legal representative and the defendant is not represented by a legal representative then the claim will be sent out of Online Civil Money Claims and sub-paragraphs (2)-(5) and paragraphs 7.42B-F will not apply;

(b) otherwise, sub-paragraphs (2)-(5) will apply.

(2) 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”.

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

(4) 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.

(5) 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

7.42B 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.

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

7.42C-(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)

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(4) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan(as defined), unless, at the time the judgment is made, a repayment date specified in the affordability calculation repayment plan has passed.

(4A) If a repayment date specified in the affordability calculation repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

(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 redetermination 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 redetermination using the OCMC website. When requesting a redetermination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(6) The request for redetermination 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 redetermination on time, it must send the claim out of Online Civil Money Claims to the defendant’s “home court” (as defined).

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

7.42D-(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 if 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).

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(7) The judgment must state that the amount is to be paid in accordance with the terms of the settlement agreement, unless, at the time the judgment is made, a repayment date specified in the settlement agreement has passed.

(8) If a repayment date specified in the settlement agreement has passed before the judgment is made, the judgment must still be made in accordance with that settlement agreement, but –

(a) if the settlement agreement states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the settlement agreement states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

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

7.42E-(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 if 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).

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(5) The judgment must state that the amount is to be paid in accordance with the affordability calculation repayment plan, unless, at the time the judgment is made, a repayment date specified in the affordability calculation repayment plan has passed.

(5A) If a repayment date specified in the affordability calculation repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment, and with subsequent instalments to be paid at one calendar month intervals after that.

(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 redetermination 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 redetermination using the OCMC website. When requesting a redetermination, the claimant or defendant must explain why they object to the affordability calculation repayment plan.

(8) The request for redetermination 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 redetermination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

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

7.42F-(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).

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

(a) the amount admitted;

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

(c) court fees,

minus any payments of the amount admitted on the response form (as defined) that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2).)

(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 redetermination of the plan for the repayment of the amount admitted by the defendant. The claimant or defendant may make their request for redetermination to Online Civil Money Claims. When requesting a redetermination, the claimant or defendant must explain why they object to the plan ordered by the judge.

(8) The request for redetermination 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 redetermination on time, it must send the claim out of OCMC to the defendant’s “home court” (as defined).

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

7.42G-(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 “CNBC” (as defined).

The claimant rejects the part admission

7.43 If the claimant rejects the part admission and wishes to continue with the claim –

(a)  where none of the parties is represented by a legal representative, the defendant’s response will be treated as a defence of the whole and Section 6 applies;

(b)  where all the parties are represented by a legal representative, or the claimant is represented by a legal representative but the defendant is not, paragraph 6A.4(1) applies, and 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 or the defendant’s proposed repayment plan or (where relevant) affordability calculation repayment plan, 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 –

(a) there has been a judgment on admission or part admission;

(b) any (19-day) initial period for requesting redetermination of the repayment plan has ended; and

(c) there has been a change of 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

N294

Claimant

Change repayment plan to be less favourable to the defendant

N244

Defendant

Change repayment plan to be more favourable to themselves

N245

(3) 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 court receives a party’s form, it must send the claim out of Online Civil Money Claims to the defendant’s “home court” (as defined).

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 submitted electronically, but not in the form of OCON9A

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

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

(a) responding electronically to the court on time;

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

(c) but not using –

(i) form OCON9A on the OCMC website to make the whole or part admission, where none of the parties is represented by a legal representative; or

(ii) not using the indication of response function on the OCMC website to indicate their admission of whole or part, where the claimant is, or all the parties are, represented by a legal representative; 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.

SECTION 8 – DEFENDANT’S RESPONSE ONLINE – DEFENDANT COUNTERCLAIMS

[This Section is blank at present.]

SECTION 9 – DEFENDANT’S RESPONSE UNDER PARAGRAPH 5.1 TABLE A USING FORM N9B – ALTERNATIVE RESPONSES

Defendant’s response under paragraph 5.1 Table A using form N9B – alternative responses

9.1(1) Sub-paragraph (2) applies if, under paragraph 5.1 Table A, the defendant uses form N9B to make their response. 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 CBNC.

SECTION 10 – PARTIES ACTING IN PERSON – DEFENDANT’S RESPONSE ON PAPER

Application of this Section

10.A1 This Section applies only if the parties are acting in person.

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 (or, if the claimant is represented but the defendant is not represented, 28 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 (or, if the claimant is represented but the defendant is not represented, 31st March).

(1A) If at first the defendant had been able to respond online and was given more time to respond online under paragraph 5.1(7), but then became no longer able to respond online, the defendant may respond on paper instead, if the defendant contacts the court on time and tells the court that they still want to respond to the claim. The defendant contacts the court on time if they contact the court within 33 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 5th April.

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 (or no longer able) to use Online Civil Money Claims online, the court must send the defendant a paper copy of each of the following forms –

(a) Form OCON9 – Request more time to respond (“time extension form”) but only if the defendant had not already contacted the court online and been given more time to respond under paragraph 5.1(7);;

(b) Form OCON9X – Respond to a money claim (“paper response form”); and

(c) Form OCON180, to tell the court what requirements the defendant would have, should a court hearing be necessary.

10.1(4) When the court sends the paper copies of the forms 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 (or no longer able) to use Online Civil Money Claims online

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

(5A) If the defendant has already been given more time under paragraph 5.1(7) to respond to the claim, the defendant must submit the completed paper response form within 33 days of the date of issue of the claim form.

10.1(6) If a defendant has not already been given more time under paragraph 5.1(7) to respond to the claim, but would like more time, the defendant may make the request–

(a) by asking for more time to respond when they first contact the court; or

(b)   by submitting to the court, on time, the completed time extension form.

10.1(7) The time extension form will be submitted on time if the court receives it within 19 days (or, if the claimant is represented but the defendant is not represented, 28 days) after the date that the court first sent the form to the defendant. For example, if the court sent the time extension 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 (or, if the claimant is represented but the defendant is not represented, 31st 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 (or 28) day period, unless the defendant has, when first contacting the court or on the time extension 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 under subparagraph (6), 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.

(9A) At the same time that the defendant submits the completed paper response form, the defendant must also submit completed form OCON180 to the court, to tell the court what requirements the defendant would have, should a court hearing be necessary. The requirement to submit form OCON180 does not apply if the defendant’s response to the claim is to admit the whole of the claim.

(9B) At the same time that the defendant submits the completed paper response form, the defendant must also indicate to the court if they wish to opt out of mediation

10.1(10) If the defendant does not submit the  time extension form 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.

Defendant’s response is other than a defence of the whole of the claim only

10.2(1) If the defendant indicates the nature of his response, but it is other than a defence of the whole of the claim only and the defendant submits the completed time extension form (if appropriate) and paper response form on time, the court must send the claim out of Online Civil Money Claims to the CNBC.

10.2(2) 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.

10.2(3) When the court sends the claim to the CNBC –

(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 26.4 (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 CNBC received the defendant’s paper response form from Online Civil Money Claims.

Defendant’s response is a defence of the whole of the claim only

10.3(1) If the defendant’s response is a defence of the whole of the claim only and the defendant submits the completed time extension form (if appropriate) and paper response form on time, then Section 6 applies except for paragraph 6.1(1).

(2) If the defendant’s response is a defence of the whole of the claim only, but the defendant submits the relevant forms without fully completing all of the forms, the court may send the claim out of Online Civil Money Claims to the CNBC, or refer the matter to a judge for directions.

Defendant submits the response form, but does not indicate the nature of the response

10.4(1) If the defendant submits the response form and time extension form (if appropriate) on time but fails to indicate the nature of the response, the court must send the claim out of Online Civil Money Claims to the CNBC.

(2) 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.

Paper response where claimant is represented but defendant is unrepresented

10.5 Where the claimant is represented but the defendant is not represented, if the defendant submits the response form and time extension form (if appropriate) on time, then regardless of the nature of the response, the court must send the claim out of Online Civil Money Claims to the CNBC.

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

Informing the court that the claim has been settled

10A.1

(1) Subject to sub-paragraph (2), this section applies only if the parties are acting in person.

(2) Paragraphs 10.1 and 10.5 apply (and paragraph 10.5 only applies) if the claimant is represented but the defendant is acting in person.

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

Defendant acting in person – when default judgment cannot be made

11.(A1) This paragraph applies only when the defendant is acting in person

11.1A (1) The claimant may not obtain a default judgment if, at the date judgment is to be entered, the defendant has paid the amount owed in full (including any claim for court fees and interest).

(2) The claimant also may not obtain a default judgment under paragraph 11.1(3) if, at the date judgment is to be entered, the court has received any paper or electronic response from the defendant, or a notice or application from the defendant or another person.

(3) If the court has received any paper or electronic response, or notice or application, the claim must be referred to a judge for an order or directions

Defendant acting in person – consequences of the defendant failing to respond to the court on time: judgment in default of responding

11.1(1)(A1) This paragraph applies only when the defendant is acting in person.

11.1(1) If the defendant does not, on time, contact the court, submit a time extension form (if appropriate) and submit to the court a completed response form or a paper response form, the claimant may request that the court make a judgment in default unless subparagraph (2A) applies.

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. When requesting judgment, the claimant may also specify their repayment plan (as defined).

(2A) If there is a moratorium in place under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, so that a claimant needs the court’s permission to apply for a default judgment, the claimant must make an application to the court in accordance with Civil Procedure Rules Part 23. If the court receives such an application, it must send the claim out of Online Civil Money Claims.

(3) If the court receives a request for judgment in default, it must “enter judgment” (as defined), unless paragraph 11.1A applies (When default judgment cannot be made).

(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, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(5) If a repayment date specified in the repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment.

(6) 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 immediately.

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

(a) the claim;

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

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2)).

Represented defendant – consequences of the defendant failing to respond to the court on time: judgment in default of responding

11.1B (1)This paragraph applies only when the defendant is legally represented.

(2) Unless sub-paragraph (8) applies, if the defendant does not respond to the claim by the time specified in paragraph 6A.2(1), or paragraph 6A.2(3) if relevant, the claimant may ask for judgment in default of a response to the claim by requesting judgment through the OCMC website.

(3) A claimant requests judgment through the OCMC website by –

(a) completing the relevant screens on the website; and

(b) submitting the completed screens using the website.

(4)  Judgment is to be entered following a request made under subparagraph (3) if at the date of making the request –

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

(b) the defendant has not applied to strike out the claim, or, if the defendant has applied to strike out the claim, that application has been disposed of;

(c) no party has applied for summary judgment under Civil Procedure Rules Part 24, or, if any party has applied for summary judgment under Part 24, that application has been disposed of; and

(d) the defendant has not satisfied the whole claim, including costs.

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

(6) 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 paid in immediately.

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

(a) the claim;

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

(c) court fees or any other costs,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(8) If the defendant does not respond to the claim by the time specified in paragraph 6A.2(1) or 6A.2(3) if relevant and –

(a) CPR rule 12.11 would apply if the claim had been started under Civil Procedure Rule Part 7; or

(b) there is a moratorium in place under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020,

the claimant may not request judgment in default through the OCMC website but may instead make an application on paper for default judgment using the procedure set out in Civil Procedure Rules Part 23.

(9) An application made under subparagraph (8) is to be made to the CTSC.

(10) If an application is made, the claim is to be referred to a judge for directions, which may include that the claim is to be sent out of Online Civil Money Claims.

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 – PARTIES ACTING IN PERSON – WHAT HAPPENS WHERE THERE HAS BEEN NO ACTION ON A CLAIM FOR 6 MONTHS

Parties acting in person – what happens where there has been no action on a claim for 6 months

12.1 If the parties are acting in person and 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)

Confirming that the contents of claim forms, response forms and paper response forms are true (statement of truth)

13.1(1) When the claimant or the claimant’s legal representative submits a claim form, the form must include the following statement of truth signed or otherwise verified by the claimant or their legal representative:

“[I believe] [The claimant believes] that the facts stated in this claim form are true. [I understand] [the claimant understands] that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."

13.1(2) When the defendant or the defendant’s legal representative submits a response form or paper response form (as appropriate), the form must include the following statement of truth signed or otherwise verified by the defendant or their legal representative:

“[I believe] [The defendant believes] that the facts stated in this response form are true. [I understand] [the defendant understands] that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

(Where a person is unable to read or sign a statement of truth because of a reason other than language alone, see Civil Procedure Rule 22.1(9), which sets out that in those circumstances, the making of the statement of truth must be certified by someone who can administer oaths and take affidavits.)

13.1(3) A statement of truth is signed by that person entering their name in the required field in the online form, or manually signing or typing their name at the appropriate place on a paper form.

(3A) A statement of truth is otherwise verified for the purposes of Civil Procedure Rules Part 22 and rule 32.14 by the person making the statement clicking a checkbox confirming the statement of truth where provided for on the OCMC website and then submitting the statement of truth through the OCMC website.

13.1(4) If the claimant, defendant or legal representative 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.

13.1(5) A statement of truth must be dated with the date that it is signed.

(Part 81 of the Civil Procedure Rules contains rules about proceedings for contempt of court.)

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

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

14.1(A1) For the purposes of this practice direction, a form, document or email submitted to the court electronically is received by the court when it is recorded as received by the OCMC website, or as appropriate by HMCTS email software.

14.1(A2) If the OCMC website is functioning normally so that it can receive forms and documents, and the court receives a form or document before 4.00 p.m., that form or document is treated as submitted that day. The same rule applies in relation to emails received by the court before 4.00 p.m. where the HMCTS email software is functioning normally.

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 4.00 p.m. and before or at 11.59 p.m., that form or document is treated as submitted before 4.00 p.m. on the next day the court office is open. The same rule applies in relation to emails received by the court at or after 4.00 p.m. and before or at 11.59 p.m., where the HMCTS email software is functioning normally.

14.1(2) If –

(a) the OCMC website is malfunctioning and cannot receive forms and/or documents, or the HMCTS email software is malfunctioning so that it cannot receive emails;

(b) that malfunction starts before but continues up to or beyond 4.00 p.m. on a particular day; and

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

(2A) Where a paper form or document is received  at the OCMC postal address before 4.00 p.m., that document is treated as submitted to the court that day.

(2B) Where a paper form or document is received  at the OCMC postal address at or after 4.00 p.m. and before or at 11.59 p.m., that document is treated as submitted to the court before 4.00 p.m. on the next day the court office is open.

(2C) If a person sends a paper form or document to the court using an address that is not the OCMC postal address, the court may send it to the OCMC postal address (The form or document is still treated as submitted to the court when it was received at the first address.)

14.1(3) If a time limit imposed by or set in accordance with this practice direction or in directions expires on a day when the CTSC (as defined) is closed, a form, document or email is still submitted before on time if it is submitted before 4.00 p.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, document or email is submitted on time.

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

Documents scanned by the bulk scanning provider – treated as true copy of the original by the court

14.2 The court will treat a scan of a document from the bulk scanning provider electronically transmitted to HMCTS’s secure digital platform as a true copy of the original document.

Changes to Practice Direction 32 - Evidence

14.3 (1) In relation to claims that are started using Online Civil Money Claims, the Civil Procedure Rules Practice Direction 32 (Evidence) is changed as set out in subparagraph (2).

(2) In Practice Direction 32, for paragraph 27.6, substitute—

27.6(1) Subject to sub-paragraph (2), the originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

(2)  Where a claim is started using Online Civil Money Claims in accordance with Practice Direction 51R, the court will treat a scan of a document from the bulk scanning provider electronically transmitted to HM Courts and Tribunal Service’s secure digital platform with an identity number as a true copy of the original document. The original need not be made available at the trial. (“Bulk scanning provider” has the meaning given in Practice Direction 51R.)

Represented Parties – Evidence and other documents to be filed at court

14.4 Where the parties are represented and unless the document cannot be uploaded to the OCMC website, any document which a party wishes to file or is required to file at court must be uploaded to the OCMC website, and must be in one of the machine-readable formats accepted by the OCMC website.

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 16A – COURT MAY REFER MATTERS TO A JUDGE OR LEGAL ADVISER

Court may refer matters to a judge or legal adviser

16A.1 At any time, the court may refer any matter relating to a claim to a judge or a “legal adviser” (as defined) if appropriate for an order, or directions as to how the claim or matter 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 matter if a provision elsewhere in the Civil Procedure Rules enables them to consider matters of that type.

SECTION 16B – REPRESENTED PARTIES – APPLICATIONS

Represented parties - applications for court orders after the stage where hearing information is provided and directions made

16B.1(1) This paragraph applies where a party wishes to make an application after –

(a)  the claimant has provided hearing information and directions have been made; and

(b)  paragraph 6C.1(2) applies (all parties are represented and the claim is sent to an early adopter court for case management purposes, but remains in the pilot).

(2) Subject to subparagraph (10), a party wishing to make an application must use the OCMC website to make that application (“online application”).

(3) The applicant makes an online application using the OCMC website by—

(a) completing the relevant screens on the website; and

(b) submitting the online application to the court using the website.

(4) An online application is to be treated as the application notice for the purposes of the Civil Procedure Rules and in particular Part 23.

(5) Unless the online application is made without notice under Civil Procedure Rule 23.4, the respondent is to be notified, through the OCMC website, of the application as soon as it is made.

(6) If the applicant requests that the online application is made without notice to the respondent, the application is to be referred to a judge to consider the request.

(7) After an online application has been made and unless the application is to be dealt with without notice, the respondent must provide initial information to assist with managing the future conduct of the application (“respondent information”) by –

(a) completing the relevant screens on the OCMC website;

(b) submitting the completed screens to the court using the website;

(c) if relevant and requested to do so by the court, confirming whether the respondent consents to the application.

(8) If the respondent confirms that they had consented to the application and that their consent was given before the application was made, the application is to be treated as an application for a consent order and the requirements in rule 40.6(7)(c) and PD 40B paragraph 3.4(3) are disapplied.

(9) The respondent must provide their respondent information –

(a) before 4pm on the 5th day after the date of notification of the online application; or

(b) within such other time limit notified to the respondent at the same time that the respondent is notified of the online application as directed by the Designated Civil Judge Online.

(10) The following applications must be made as on-paper applications: any application relating to—

(a) an appeal;

(b) enforcement; or

(c) insolvency.

Represented parties – other applications

16B.2 (1) Where some or all of the parties are represented by a legal representative, if a party wishes to make an application that is not an online application or otherwise covered by a provision of this practice direction, the application must be made using the procedure set out in the rest of the Civil Procedure Rules.

(2) Any application made under subparagraph (1) is to be made to the CNBC or, where the parties have received an order from a judge at a County Court hearing centre, or have been informed that the claim is to be managed at a County Court hearing centre, that hearing centre.

(3) If an application is made, the claim is to be referred to a judge for directions, which may include that the claim is to be sent out of Online Civil Money Claims

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

Parties acting in person - Procedure where the parties make an application or request to the court not covered by online civil money claims

17.1(1) If the parties are acting in person and 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(1) Subject to sub-paragraph (2), if a claim has not already been sent out of Online Civil Money Claims but a judge, 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 claim must be sent out of the pilot.

18.2(2) If the reason that the claim is not, or is no longer, suitable or appropriate for the pilot is that a party wishes to take a step in the proceedings not catered for by the pilot then the court must automatically send the claim out of the pilot to the CNBC unless the claim had already been sent to a County Court hearing centre, in which case the court must send the claim out of the pilot to that hearing centre.

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.The court may also give directions about the future management of the claim. Directions given under this paragraph may include directions 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 and with the following modifications: any of the party’s form OCON180, or directions questionnaires completed online is treated as that party’s completed directions questionnaire form N180 completed under Civil Procedure Rules Part 26.

SECTION 20 – LEGAL ADVISERS

Scope of this Section

20.1(1) This Section is  about legal advisers, and applies to all claims  where –

(a) the amount claimed is £1,000 or less;

(b) the parties have submitted to the court their completed forms OCON180 or online directions questionnaires (as appropriate); and

(c) the “preferred court” (as defined) is one of the county court hearing centres in relation to which Online Civil Money Claims legal advisers operate.”

(2) This Section sets out what court powers (jurisdiction) a “legal adviser” (as defined) can use in relation to a claim in Online Civil Money Claims, and the limits on using those powers. It also sets out what action a party can take if they are unhappy with anything done by a legal adviser.
(The definition of a legal adviser is set out in paragraph 1.1 of this Practice Direction. In brief, a legal adviser is a member of court staff who is a barrister, solicitor or Fellow of the Chartered Institute of Legal Executives or a CILEX lawyer, who has been authorised to act as a legal adviser by relevant judges.)

Jurisdiction of legal advisers – and limits on the jurisdiction

20.2(1) A legal adviser may exercise the jurisdiction of the county court in relation to all the powers that are set out in the first column of Table A that is set out in the Schedule to this Section.

(2) Legal advisers may only exercise a particular power in so far as it is not limited by anything in the second column of that Table A, or by any of the general limits on the exercise of powers set out in paragraph (3) below.

(3) The general limits on legal advisers exercising any power are that –

(a) a legal adviser must not make a final decision on any claim;

(b) a legal adviser must not exercise any power in relation to a claim where the defendant’s response is submitted to the court on paper rather than electronically except where the response is a defence of the whole of the claim and paragraph 10.3 applies;

(c) if a legal adviser considers that a claim requires a hearing in advance of a trial, the legal adviser must send the claim out of Online Civil Money Claims;

(d) if a claim is complicated, the legal adviser must send the claim out of Online Civil Money Claims to the “preferred court” (as defined); and

(e) a legal adviser must not send a claim out of the pilot until the later of–

(i) the end of the time for a party to request reconsideration by a judge of the legal adviser’s decision (see paragraph 20.3(2A) and (3)); or

(ii) the determination of any reconsideration.

(4) A claim is complicated and must be sent out of the pilot if –

(a) the claim raises a substantial point of law;

(b) the claim has a complicated factual background; or

(c) more than one expert per claim is to provide an opinion.

(5) A legal adviser may consider a claim to be complicated for any other reason, and if so the legal adviser must still send the claim out of Online Civil Money Claims to the “preferred court” (as defined).

Reconsideration of a decision made by a legal adviser

20.3(1) Decisions of a legal adviser will be made without a hearing.

(2) A party may request any decision of a legal adviser to be reconsidered by a judge, and any request must be made on time.

(2A) If the legal adviser’s decision related to a claim where the defendant’s response–

(a) was submitted on paper,

(b) is a defence of the whole of the claim;

(c) and paragraph 10.3 applies,

a request to have the legal adviser’s decision reconsidered is made on time if it is submitted to the court within 12 days of the date of the decision

(3) In all other cases, a request is made on time if it is submitted to the court within 7 days after the date of the decision.

(4) The request may be made on paper, and sent to the Online Civil Money Claims address set out in paragraph 2.1(2), or online.

(5) The request may include a summary of the issue and an explanation of why the reconsideration is sought.

(6) Reconsideration will be by a judge, and will take place without a hearing.

SCHEDULE TO SECTION 20: TABLE A

 

Power or function

limit

1

Power to consider completed forms OCON180 or online directions questionnaires,and where it is appropriate to make standard directions in that form and give directions in form OCON24 about how the progress of the claim is to be managed, and send claim out of the pilot after completed forms OCON180 or online directions questionnaires, have been submitted and directions made. The power to give case management directions is not limited to the other matters specified in this table A.

 

2

Power and obligation in paragraph 18.2 (requirement to send claim out of Online Civil Money Claims if claim considered unsuitable or inappropriate for it)

The legal adviser must send the claim to the preferred court (as defined), without giving any directions.

If, however, a party has specified particular accessibility requirements on their form, the legal adviser may send the claim to one or other of the claimant or defendant’s specified courts as the legal adviser considers would be most appropriate given the parties’ accessibility requirements

3

Power to refer a claim to a judge if the legal adviser thinks that appropriate

Power subject to power in entry 2 of this table (requirement to send claim out of Online Civil Money Claims if claim considered unsuitable or inappropriate for it)

4

Power to direct the parties to contact the Small Claims Mediation Service

Power to direct only where the parties have not previously opted for mediation, but the legal adviser considers that it may nevertheless be appropriate.

5

Power to direct the parties to supply additional information that the legal adviser considers reasonably necessary to enable the case to be progressed the most effectively

 

6

Power to make directions about the management of a claim, including directions about listing the claim for a hearing

 

7

Power to propose to a judge that a claim or defence be considered for possible strike out

 

8

Power to carry out all functions allowed to be carried out by a legal adviser under Civil Procedure Rules Practice Direction 2E

Insofar as any functions arise in the context of Online Civil Money Claims, and subject to any limitations on those functions that are set out in that Practice Direction (as well as the limitations set out in this Section 20).

SECTION 21 – CHANGE TO LEGAL REPRESENTATION - DIGITAL NOTICES OF CHANGE

Change to legal representation - digital notices of change

21.1 (1) Unless using MyHMCTS to file notice of a change of solicitor, a party complies with CPR 42.2(2)(a) by filing the notice of the change required by that rule –

(a)  at the CNBC; or

(b) if the claim has been sent to a County Court hearing centre, at that hearing centre.

21.1 (2) A party may only use MyHMCTS to file notice of change of solicitor where the change is from one legal representative to another.

21.1 (3) If a party files a notice of change, the court must transfer the claim out of Online Civil Money Claims to continue in the CNBC as if it had been started under CPR Part 7 if –

(a) MyHMCTS is not used to file the notice of change;

(b) the person named in the notice of change of solicitor as taking over representation is –

(i) not registered with MyHMCTS; and

(ii) has not been provided with access to Online Civil Money Claims; or

(c) the notice is filed to inform the court that a party who had been acting in person is to be represented, but in circumstances where the other party continues to act in person.

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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