Q&As

What is the procedure to admit to a claim? And what is the application process for re-determination?

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Published on LexisPSL on 03/07/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure to admit to a claim? And what is the application process for re-determination?
  • Action following service of a claim
  • Admissions following issue of proceedings
  • Re-determination

What is the procedure to admit to a claim? And what is the application process for re-determination?

Action following service of a claim

After particulars of claim are served on a defendant, the defendant can:

  1. file or serve an admission for all or part of the claim

  2. file a defence

  3. file an acknowledgement of service

  4. apply for summary judgment or strike out

Where parties have followed a pre-action protocol or exchanged pre-action correspondence, the defendant has a chance to consider and prepare its response to the claim (see Practice Notes: The pre-action protocols and when they apply and Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols). Otherwise, the arrival of a claim form can come as a surprise to the defendant and force it to consider a number of issues quickly. For further information, see Practice Note: After a claim has been served—issues for the defendant.

Admissions following issue of proceedings

An admission as to the truth of the whole or any part of a claim, or counterclaim, can be made at any stage after the commencement of proceedings.

It must be made by notice in writing. This can be in any form but will usually be by way of:

  1. Form N9A

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