Responding to a Claim
Dispute Resolution > Responding to a Claim
A defendant is served with a claim form whilst abroad on business, with no one to collect mail. The defendant returns three weeks later, discovers default judgment has been entered, and applies to set aside it. The court must decide whether the defendant has a real prospect of defending the claim and whether there is another good reason to set the judgment aside. This scenario tests SQE1 candidates on the critical deadlines for responding to a claim and the test for setting aside default judgment.
What Is Responding to a Claim in SQE1?
Candidates often lose marks by confusing the 14-day acknowledgment deadline with the 28-day defence deadline — missing either can lead to default judgment, and examiners test these time limits repeatedly. Responding to a claim is the procedural step by which a defendant tells the claimant and the court how they intend to defend the proceedings. The defendant may acknowledge service (gaining extra time to serve a defence), file a defence (setting out their legal and factual position), make a counterclaim, or take no action (risking default judgment). The CPR sets out strict time limits for each step, and missing these deadlines can result in serious consequences.
Understanding responding to a claim is essential for SQE1 because examiners test the 14/28-day framework extensively, the consequences of default judgment, and the grounds for setting a default judgment aside. Candidates must also understand the relationship between responding to a claim and pre-action conduct, as well as the distinction between counterclaims and set-offs. The court's powers to manage cases and allocate them to tracks also interact with response procedures.
Key Principles for SQE1
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14-Day Deadline: A defendant has 14 days from service of the claim form to file an acknowledgment of service or a defence. This starts the countdown.
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28-Day Deadline: Alternatively, a defendant has 28 days from service of the particulars of claim (if served separately) to file a defence. If the defendant files an acknowledgment of service, they then have 28 days from that acknowledgment (or from service of particulars if later) to serve a defence.
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Default Judgment: If the defendant fails to acknowledge service or file a defence within the response period, the claimant can obtain default judgment without a trial (CPR Part 12).
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Setting Aside Default Judgment: A defendant who wishes to set aside a default judgment must show either: (1) a real prospect of successfully defending the claim, or (2) another good reason for the judgment to be set aside. The test is not lenient—the court requires a credible, substantive defence.
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Counterclaims: A defendant may include a counterclaim in their defence (a claim against the claimant). This is different from a set-off (a defence based on the claimant's liability to the defendant).
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Particulars of Claim: Must contain a concise statement of the facts and points of law relied upon. The claimant's particulars (or the claim form if it includes particulars) must give the defendant enough information to understand the case and investigate it.
Exam tip
The key deadline is 14 days to file an acknowledgment of service or 28 days to file a defence from service of the claim form (or 28 days from service of particulars if these are served separately). Missing these deadlines risks default judgment—a catastrophic outcome for the defendant. Examiners love testing counterclaims versus set-offs and the test for setting aside default judgment. Know the 14/28-day framework by heart.
How This Appears in SQE1 Questions
SQE1 questions on responding to a claim typically test whether a defendant has filed a response within time, what happens if they have not, and the grounds for setting aside a default judgment. A common trap is assuming that a defendant can always apply to set aside default judgment if they have a good reason—the test is stricter: they must show a real prospect of defending or some other compelling reason. Questions may also test the distinction between a counterclaim (a separate claim against the claimant) and a set-off (a defence based on a cross-claim). The interaction between the response deadline and case management (allocation to track) also appears regularly. This is a classic SQE1 trap.
Common Mistakes Students Make
- Forgetting the 14/28-day deadlines and assuming a defendant has longer to respond—missing these deadlines can result in default judgment without a trial.
- Assuming that a defendant can always set aside default judgment if they have any reason to do so—the test requires a real prospect of defending, which is a high bar.
- Confusing counterclaims (a separate claim against the claimant) with set-offs (a defence or mitigation based on money owed by the claimant).
- Overlooking the requirement that a defence must be verifiable by statement of truth in certain circumstances.
Quick Summary
- Defendants have 14 days to acknowledge service or file a defence from service of the claim form.
- Alternatively, 28 days from service of the particulars of claim to file a defence.
- Default judgment can be obtained once the response period expires without a response.
- To set aside default judgment, the defendant must show a real prospect of successfully defending or another good reason.
- Particulars of claim must contain a concise statement of facts and points of law relied upon.
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A solicitor acts for a defendant in a claim for damages for personal injury arising from a workplace accident. The claimant alleges that the defendant employer failed to provide a safe system of work, resulting in the claimant falling from scaffolding on 3 August 2023. The claimant sustained a fractured pelvis and was unable to work for four months. The particulars of claim were served on 15 February 2024. The defendant filed an acknowledgment of service on 22 February 2024. The defendant's solicitor is now preparing the defence. The defendant instructs that it had conducted a risk assessment prior to the accident and had provided safety equipment, but acknowledges that the scaffolding inspection was overdue. The defendant's insurer has appointed a loss adjuster to investigate the claim, though the adjuster's report is privileged. The defendant's health and safety officer retired six months after the accident, which is irrelevant to the substantive issues. The claimant's schedule of loss includes a claim for future loss of earnings based on the assumption that the claimant will never return to full duties. The defendant disputes this assumption. The defendant's solicitor wishes to ensure the defence properly addresses the schedule of loss. The defendant also wishes to argue contributory negligence on the basis that the claimant failed to use the safety harness provided.
How should the defendant deal with the claimant's schedule of loss in the defence?
Question 2
Scenario
A solicitor acts for a claimant who is bringing a breach of contract claim against a supplier. The supplier agreed to deliver 500 units of electronic components by 1 November 2023 but delivered only 350 units. The claimant seeks damages for the shortfall. The solicitor has drafted the particulars of claim and is now reviewing the claim form. The claim form was issued on 10 January 2024. The solicitor needs to include a brief statement of the nature of the claim on the claim form itself, as required by the rules. The claimant also has a potential claim against a different supplier for a separate contract, though the solicitor is dealing with these matters independently. The claimant's managing director is due to attend a trade conference next month, which is unrelated to the proceedings. The solicitor is aware that the claim form serves a different function from the particulars of claim and must contain specific information. The claimant's solicitor wishes to ensure the claim form is properly completed. The solicitor notes that the claim form must be served within four months of issue if served within the jurisdiction.
What must the claim form contain in relation to the nature of the claim?
Question 3
Scenario
A solicitor acts for a claimant bringing a claim against an insurance company for breach of an insurance policy. The claimant's commercial premises were damaged by a fire on 12 April 2023. The insurer declined the claim, alleging that the claimant failed to comply with policy conditions regarding fire safety equipment. The solicitor served the particulars of claim on 8 January 2024. The particulars allege that the insurer wrongfully repudiated the policy and claim damages of £275,000 representing the cost of reinstatement and business interruption losses. The solicitor attached a copy of the insurance policy to the particulars as required. The defendant insurer served a defence on 2 February 2024 denying liability and asserting that the claimant was in breach of a condition precedent requiring annual inspections of fire suppression systems. The defence states that the last inspection occurred more than eighteen months before the fire. The claimant's solicitor has obtained evidence that an inspection was conducted nine months before the fire but the report was not sent to the insurer due to an administrative error. The solicitor is considering the implications of a false statement of truth. The claimant recently appointed a new office manager, which is irrelevant to the proceedings.
What are the potential consequences if a statement of case is verified by a statement of truth that the maker knows to be false?
Practice with full exam-style questions
Related Topics
- Dispute Resolution for SQE1: Complete Guide
- Pre-action Conduct and Protocols
- Issuing and Serving a Claim
- Case Management and Track Allocation
Practise Responding to a Claim Questions for SQE1
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