Responding to a claim: key action points

by Practical Law Dispute Resolution

A practice note that outlines the key procedural and practical points for a defendant's solicitor in England and Wales when their client receives service of proceedings. This practice note begins by addressing essential client care matters, such as retainer issues, costs, and insurance, before discussing the importance of understanding the opponent. It then details the initial procedural analysis required upon receipt of a claim, including checking for limitation issues and technical deficiencies in service or the claim form. The practice note explains the procedural steps triggered by a claim, outlining the defendant's options for response under the Civil Procedure Rules (CPR), including acknowledging service, making admissions, contesting jurisdiction, and drafting a defence and any counterclaim and highlights differences in the different divisions of the High Court. It also considers the serious consequences of failing to respond, such as the risk of a default judgment. The guidance covers making interim applications, such as for summary judgment, strike out, or security for costs, and discusses the importance of analysing the client's case, managing documents and evidence, and considering settlement and alternative dispute resolution (ADR).