Part 14 – Judgment on Admissions

Making an admission

14.1

1. A party may admit the truth of the whole or any part of any other party’s case.
2. A party may do this by giving notice in writing (such as in a statement of case or by letter) before or after the issue of proceedings.
3. A defendant may admit the whole or part of a claim for money by filing an  acknowledgment of service containing the admission.
4. The defendant may do this in accordance with the following rules –
   1. rule 14.6 (admission of whole of claim for specified sum of money);
   2. rule 14.7 (admission of part of claim for money only); or
   3. rule 14.8 (admission of liability to pay whole of claim for unspecified sum of money
5. A defendant may file an admission under paragraph (4) at any time before a default judgment  is entered, but the claimant may apply for assessed costs if the admission is filed after the time for filing an acknowledgement of service has expired.
   • Rule 9.3 specifies the time for filing an acknowledgment of service.
   • Rules 65.11 & 12 deal with assessed costs.

Satisfaction

14.2

1. If the defendant pays the claimant the sum claimed, together with interest at the statutory rate (if claimed) and the fixed costs as set out on the claim form, within the period for filing an acknowledgment of service under rule 9.3 the –
   1. claim is stayed; and
   2. claimant must forthwith file and serve a notice of discontinuance.
2. Rule 37.6 (liability for costs) does not apply to a notice of discontinu­ance served under this rule.
3. If the claimant does not file and serve a notice of discontinuance in accordance with paragraph (1) within 7 days of payment, the defendant may file and serve a notice in the form specified in Form 28 to request that the claim be recorded as satisfied.
4. If there is no dispute the court office must record that the claim has been satisfied.
5. If the claimant disputes satisfaction, the court office must fix a hearing to consider the application and give not less than 7 days notice of the hearing to the claimant and defendant.

Admissions where party a minor or patient

14.3

1. Judgment may not be entered on an admission if the –
   1.  defendant is a minor or patient; or
   2. claimant is a minor or patient and the admission is made under rule 14.7 or 14.8.
      • Rule 23.12 deals with compromise of claims made by or against a minor or patient.

Admission by notice in writing – application for judgment

14.4

1. If a party makes an admission under rule 14.1(2) (admission by notice in writing), any other party may apply for judgment on the admission.
2. The terms of the judgment must be such as it appears to the court the applicant is entitled to on the admission.

Admission in whole or in part of money claim

14.5

1. On receipt of an admission of the whole or part of a claim for money under rule 14.1(3), the court office must send a copy of the admission and any request for time to pay under rule 14.9 to the claimant.

Admission of whole of claim for specified sum of money

14.6

1. This rule applies where the –
   1. defendant admits the whole of the claim in the acknowledgment of service;
   2. defendant has not requested time to pay; and
   3.  only remedy which the claimant is seeking is payment of a speci­fied sum of money.
2. The claimant may file a request for judgment in Form 8 for the amount claimed, interest and fixed costs under rule 65.4 and may specify the –
   1.  date on which the judgment debt is to be paid; or
   2.  time and rate at which it is to be paid if by instalments.
   3. The court office must enter judgment in accordance with the request.
      • Rule 2.4 defines “a claim for a specified sum of money” and sets out the circumstances under which a claim for the cost of repairing property damaged in a road accident can be treated as such a claim.

Admission of part of claim for money only

 14.7

1. This Rule applies where –
   1. the only remedy which the claimant is seeking is the payment of money;
   2. the defendant admits a specified –
      1. sum of money; or
      2. proportion of a claim for an unspecified sum of money; in acknowledgement of service or defence; and
   3. the defendant has filed a defence as to the amount not admitted.
      • If the defendant does not file a defence the claimant will be entitled   default judgment in accordance with Rule 12.5.
2. The claimant must service a notice on the defendant stating that
   1. the amount or proportion admitted in satisfaction of the claim is accepted; or
   2. The claimant intends to continue the claim
3. The claimant must –
   1. file the notice under paragraph (20; and
   2. serve a copy on the defendant; within 14 days after service of the defendant’s acknowledgment of service or defence, as the case may be.
4. If the claimant does not file the notice within 14 days after service of the defendant’s acknowledgement of service or defence –
   1. the claim is stayed until the notice is filed; and
5. Any party may apply for the stay to be lifted.If the defendant has not requested time to pay under Rule 14.9, the claimant may file a request for judgment in Form 8 for the amount admitted, interest and fixed costs and may specify –
   1. the date on which the judgment debt is to be paid; or
   2. the time and rate at which it is to be paid by installments.
6. The court office must enter judgment in accordance with the request.
7. If the claimant gives notice that he accepts the defendant’s admission of a specified proportion of a claim for an unspecified sum of money, the court must enter judgment for that proportion of an amount to be decided by the court and costs.
8. If the claimant files notice under paragraph (2)(b) the court office must fix a date, time and place for a case management conference.
   • Part 27 sets out the procedure relating to a case management conference. Rule 65.4 deals with fixed costs.

 Admission of liability to pay whole of claim for unspecified sum of money

 14.8

1. This rule applies where the –
   1. amount of the claim is not specified;
   2. defendant admits liability in the acknowledgment of service to pay the whole of the claim and does not offer to pay a specified sum of money or proportion of the claim in satisfaction of the claim;
   3. defendant has not requested time to pay under rule 14.9; and
   4. only remedy the claimant seeks is the payment of money.
2. The claimant may file a request for judgment in Form 7.
3. The court office must enter judgment in accordance with the request.
4. Judgment will be for an amount to be decided by the court and costs.
   • Rule 16.3 deals with how the court decides the amount of the judgment.
   • Part 65 deals with the quantification of costs.

Requests for time to pay

14.9

1. A defendant who –
   1. makes an admission under rules 14.6, 14.7 or 14.8; and
   2. is an individual; may make a request for time to pay.
2. A request for time to pay is a proposal –
   1. about the date of payment; or
   2. to pay by instalments at a rate specified in the request.
3. The defendant’s request for time to pay must be –
   1. accompanied by a statement of his or her financial position in the appropriate practice form; and
   2. filed with the admission.
4. The statement under paragraph (3) (a) must be certified by the defen­dant as being correct and may be used as evidence of the defendant’s financial position at the date it was signed in any subsequent proceed­ings with regard to enforcement of the judgment.
5. If the –
   1. request for time to pay relates to a claim for an unspecified sum of money; and
   2.  court must assess damages under rule 14.8(4); the court must deal with the request for time to pay when it assesses damages.

Requests for time to pay – procedure where time and rate agreed

14.10

1. This rule applies where the –
   1. only remedy which the claimant seeks is the payment of a sum of money together with interest and costs;
   2. defendant –
      1. admits the whole of a claim for a specified sum of money; or
      2. offers to pay a specified sum; and
      3. requests time to pay or makes an offer to pay by instalments; and
   3. claimant in the request for judgment on the admission in Form 7 accepts the defendant’s offer as to the amount, time and rate of  payment.
2. If this rule applies, judgment on the admission must be judgment for the specified sum of money admitted (less any payments made), interest and fixed costs under rule 65.4, to be paid at the agreed time and rate.

Requests for time to pay – procedure where time and rate not agreed

14.11

1. This rule applies where –
   1. the only remedy which the claimant seeks is the payment of a sum of money together with interest and costs;
   2. the defendant –
      1. admits the whole of a claim for a specified sum of money; or
      2. offers to pay a specified sum; and
      3. requests time to pay or makes an offer to pay by instalments; and
      4. the claimant accepts the sum admitted but does not accept the defendant’s offer as to the amount, time and rate of payment.
2. If this rule applies, the claimant must state in the request for judgment in Form 7 the reasons for objecting to the defendant’s proposals as to payment.
3. The court must consider the defendant’s request and the claimant’s objections and enter judgment for the amount of the claim, interest and fixed costs under rule 65.4 on such terms as it sees fit.
4. The general rule is that the court should enter judgment under para­graph (3) without a hearing.
5. If the court decides to deal with the matter at a hearing, it must give the parties at least 7 days’ notice of the hearing.
6. If there is a hearing, the court must determine whether to make an order for the costs of the application and by whom the costs should be paid and assess such costs under rule 65.11.
   • The claimant is entitled to fixed costs on the judgment in accordance with Part 65, Appendix A.

Right of redetermination

14.12

1. If the court has determined the time and rate of payment under rule 14.11 without a hearing, either party may apply for the decision to be redetermined by the court at a hearing.
2. An application for redetermination must be made within 14 days after service of the judgment on the applicant.
3. At the hearing the court may confirm the judgment or make such other order as to the time and rate of payments as it considers just.
4. The court must determine whether to make an order for costs and by whom the costs should be paid and assess such costs under rule 65.11.

Variation of order

14.13

1. Either a claimant or a defendant may apply to vary an order made under this Part.
2. An application by a defendant must be made in accordance with Part 47.