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The Report on the Review of Civil Procedures

Part 14

Judgment on Admissions and following Court Orders

Contents of this part

Making an admission Rule 14.1
Admissions by a minor or patient Rule 14.2
Admission by notice in writing - application for judgment Rule 14.3
Action on receipt of admission in whole or in part of money claim Rule 14.4
Admission of claim for specified amount of money Rule 14.5
Admission of part of claim for money only Rule 14.6
Admission of liability to pay the whole of a claim for an Unspecified sum of money Rule 14.7
Requests for time to pay Rule 14.8
Requests for time to pay - procedure where time and rate agreed Rule 14.9
Requests for time to pay - procedure where time and rate not agreed Rule 14.10
Right of reconsideration Rule 14.11

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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) He may do this by giving notice in writing (such as in a statement of case) before or after the issue of proceedings.

(3) A defendant may admit the whole or part of a claim for money.

(4) He may do this in accordance with the following rules

(a) rule 14.4 (admission of whole claim for specified sum of money); or

(b) rule 14.5 (admission of part of a claim for a

specified sum of money); or

(c) rule 14.6 (admission of liability to pay whole of claim for unspecified amount of money); or

(d) rule 14.7(admission of liability to pay claim for an unspecified amount of money where defendant offers a sum in satisfaction of the claim).

Admissions by a minor or a patient

14.2 The right to enter judgment on an admission is subject to rule 23.12

(Rule 23.12 provides that where money is claimed by or on behalf of a minor or patient, no settlement, compromise or payment shall be valid, so far as it relates to that person's claim, without the approval of the court)

Admission by notice in writing - application for judgment

14.3 (1) Where 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) Judgment shall be such judgment as it appears to the court that the applicant is entitled to on the admission.

(3) An application to determine the nature of the judgment shall be supported by evidence.

Action on receipt of admission in whole or in part of money claim

14.4 On receipt of an admission of the whole or part of a claim for money the court must serve a copy of such admission on the claimant.

Admission of claim for specified amount of money

14.5 (1) This rule applies where -

(a) the only remedy which the claimant is seeking is payment of a specified amount of money; and

(b) the defendant admits the whole of the claim in his appearance or in his defence ; and

(c) the defendant has not requested time to pay.

(2) The claimant may file a request for judgment for the amount claimed and for costs and may specify -

(a) the date on which the judgment debt is to be paid; or

(b) the time and rate at which it is to be paid by instalments.

(3) The court must enter judgment in accordance with the request.

(Rule 12.6(3) sets out the circumstances under which a claim for the cost of repairing property damaged in a road accident can be treated as a claim for a specified sum, Part 62 deals with the quantification of costs.)

Admission of part of claim for money only

14.6 (1) This rule applies where -

(a) the only remedy which the claimant is seeking is payment of money; and

(b) the defendant admits a specified amount of money in his appearance or in his defence.

(2) The court officer must serve a notice on the claimant requiring him to file a notice stating that -

(a) he accepts the amount admitted in satisfaction of his claim; or

(b) he wishes the proceedings to continue.

(3) The claimant must -

(a) file the notice; and

(b) serve a copy on the defendant,

within 14 days after the court's notice is served on him.

(4) If the claimant does not file the notice within 14 days after the court's notice is served on him -

(a) the claim is stayed; and

(b) any party may apply for the stay to be lifted.

(5) If the defendant has not requested time to pay under rule 14.5, the claimant may file a request for judgment for the amount admitted and costs and may specify -

(a) the date on which the judgment debt is to be paid; or

(b) the time and rate at which it is to be paid by instalments.

(6) The court must enter judgment in accordance with the request.

(7) If the claimant files notice under paragraph (2) that he wishes the claim to continue the court must fix a date time and place for a case management conference.

(Part 27 sets out the procedure relating to a case management conference, Part 62 deals with quantification of costs.)

Admission of liability to pay the whole of a claim for an unspecified amount of money

14.7 (1) This rule applies where -

(a) the only remedy the claimant seeks is the payment of money; and

(b) the amount of the claim is not specified; and

(c) the defendant admits liability in his appearance to pay the whole of the claim and does not -

(i) offer to pay a specified amount of money in satisfaction of the claim; or

(ii) file a defence stating that he will dispute the amount of the claim; and

(d) the defendant has not requested time to pay under rule 14.5.

(2) The claimant may file a request for judgment.

(3) The court must enter judgment in accordance with the request.

(4) Judgment will be for an amount to be decided by the court and costs.

(Part 16 deals with how the court decides the amount of the judgment, Part 62 deals with the quantification of costs)

Requests for time to pay

14.8 (1) A defendant who makes an admission under rules 14.5, 14.6 or 14.7 may make a request for time to pay.

(2) A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the rate specified in the request.

(3) The defendant's request for time to pay must be filed with his admission.

(4) The defendant's request for time to pay must be accompanied by a statement of his financial position.

(5) The statement 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.

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

14.9 (1) This rule applies where -

(a) the only remedy which the claimant seeks is the payment of a sum of money and costs; and

(b) the defendant

(i) admits the whole of that claim or a specified sum; and

(ii) requests time to pay or makes an offer to pay by installments; and

(c) the claimant states in his request for judgment on the admission that he accepts the defendant's offer as to the amount, time and rate of payment.

(2) Where this rule applies, judgment on the admission shall be judgment for the specified sum of money admitted (less any payments made) and costs at the agreed time and rate.

(Part 62 deals with the quantification of costs)

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

14.10 (1) This rule applies where the claimant claims a specified sum of money and the defendant -

(a) admits the whole of that claim or a specified amount of money; and

(b) requests time to pay or makes an offer to pay by installments; and the claimant indicates in his request for judgment on the admission that he does not accept the defendant's offer as to the time and rate of payment.

(2) Where this rule applies, the claimant must state in his request for judgment his reasons for objecting to the defendant's offer as to payment.

(3) If the claimant objects to payment by installments, the court must consider the defendant's request and the claimant's objections and shall enter judgment for the amount of the claim and costs on such terms as it sees fit.

(4) The general rule is that the court shall 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.

(Part 62 deals with quantification of costs.)

Right of reconsideration

14.11 (1) Where the court has determined the time and rate of payment under rule 14.10 without a hearing either party may apply for the decision to be reconsidered by the court at a hearing.

(2) An application for reconsideration must be made within 14 days after service of the judgment on the applicant.

(Part 11 deals with applications)

(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.

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