Responding to a claim - Admitting the claim

Learning Outcomes

This article outlines the procedural steps, court powers, and strategic considerations when a defendant admits a civil claim under CPR Part 14, including:

• Identifying when to make a full or partial admission and distinguishing these from default judgment or simple non-response
• Distinguishing specified and unspecified money claims and selecting the correct response forms (N9A, N9B, N9C)
• Applying the correct time limits for serving admissions, acknowledgments of service, and defences, and understanding the effect of missing a deadline
• Explaining how judgment on admission is obtained, how the court deals with quantum, and when a disposal hearing will be listed
• Evaluating payment proposals, time-to-pay requests, and instalment orders by reference to the defendant’s means and the overriding objective
• Assessing the consequences where the claimant fails to request judgment following an admission, including when and how a stay is lifted
• Analysing when an admission may be withdrawn, the test the court applies, and the relevance of prejudice, delay, and prospects of success
• Recognising the special rules for minors and protected parties, including the need for court approval of admissions and settlements
• Calculating interest and fixed commencement costs on admitted specified claims and appreciating the enforcement implications of the resulting judgment

SQE1 Syllabus

For SQE1, you are required to understand the process and effects of admitting a claim in civil litigation, with a focus on the following syllabus points:

• the options available to a defendant when served with a claim, including admitting the claim in whole or in part
• the procedures for admitting specified and unspecified claims, including the correct forms and time limits
• the consequences of admissions for both parties, including judgment, payment terms, and possible hearings
• the rules for withdrawing admissions and the court’s discretion in payment proposals
• how judgment on admission is entered, the effect of claimant inaction on progress of the case, and interaction with default judgment
• the approval requirement for admissions involving minors or protected parties, and the court’s approach to costs and interest following judgment on admission
• fixed costs on specified money claims that are admitted, and post-judgment interest and enforcement options

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the difference between a full admission and a partial admission of a claim?
2. Which form should a defendant use to admit liability for a specified amount?
3. What happens if a defendant admits liability for an unspecified claim but disputes the amount of damages?
4. How long does a defendant have to submit an admission after being served with the particulars of claim?

Introduction

When a defendant is served with a claim, one of their options is to admit liability for all or part of the claim. Admitting a claim is a formal process governed by the Civil Procedure Rules (CPR), primarily Part 14 and its Practice Direction, and it can apply to claims for a fixed sum (specified) or for an amount to be determined by the court (unspecified). Understanding the correct procedures, forms, and consequences of admissions is essential for effective litigation practice and for SQE1 success. Admissions may be to liability, to quantum, or to both; they can be made pre‑action under the relevant protocol or after service of the particulars of claim. Once properly made and accepted, the court will enter judgment on admission and then decide how and when payment is to be made if the parties cannot agree.

Key Term: admission
An admission is a formal acceptance by the defendant that they are liable for all or part of the claim made against them.

Key Term: specified claim
A claim for a fixed amount of money stated in the claim form.

Key Term: unspecified claim
A claim where the amount to be awarded is not fixed and will be determined by the court (e.g. personal injury, damages).

Admitting a Claim: Overview

A defendant may admit a claim in whole or in part. This can be a strategic decision to avoid unnecessary costs, reduce delay, or resolve a dispute efficiently. Admissions must be made using the correct forms and within strict time limits. Depending on the claimant’s response and the type of claim, judgment may be entered on the admission immediately, the proceedings may be stayed pending a request for judgment, or the matter may be listed for a short disposal hearing to assess the amount payable.

Key Term: judgment on admission
A judgment entered by the court when the claimant requests judgment based on the defendant’s formal admission of liability or amount.

Procedures for Admitting a Claim

Specified Claims

For claims where the amount owed is fixed and stated in the claim form, the defendant can admit liability for all or part of the claim. Admissions for specified amounts are governed by CPR Part 14 and the response pack instructions.

• Full admission: The defendant accepts liability for the entire amount claimed.
• Partial admission: The defendant accepts liability for part of the amount and disputes the rest.

To admit a specified claim, the defendant should complete the admission form (Form N9A), including a full financial statement (income, expenditure, assets and liabilities) and any payment proposals (e.g. immediate payment or instalments). The completed admission must be sent in accordance with the response pack instructions—typically to the court, which will forward a copy to the claimant. The usual time limit is 14 days from deemed service of the particulars of claim (or 28 days if an acknowledgment of service has been filed).

On receipt of the admission, the claimant decides whether to accept:

• the amount admitted in satisfaction of the claim
• the defendant’s proposed payment terms

If the claimant accepts the amount and payment terms, the court will enter judgment accordingly. If the claimant accepts the amount but objects to the payment terms, the court will decide what is reasonable, often on the papers, although a short hearing may be listed if requested.

Where the defendant makes a partial admission of a specified claim, they should still complete Form N9A for the admitted part and file a defence (Form N9B) dealing with the balance in dispute. The court will serve a notice on the claimant requiring them to confirm within 14 days whether they accept the part admission in satisfaction of the claim or reject it and wish the proceedings to continue. If accepted, judgment will be entered for the admitted sum on the proposed or court‑determined payment terms. If rejected, the matter proceeds as defended on the disputed balance.

In practice, the court can decide payment proposals without a hearing; if a hearing is requested, the parties will be given at least seven clear days’ notice.

Unspecified Claims

For claims where the amount is not fixed, such as personal injury or damages, the defendant can admit liability for the claim or part of it. In unspecified claims, admissions are typically to liability rather than to quantum.

To admit liability in an unspecified claim, the defendant completes the relevant admission form (Form N9C) and serves it in accordance with the response pack instructions (usually filing with the court within 14 days, which then forwards a copy to the claimant). The process then bifurcates:

• No offer to pay a specified sum: The claimant may request judgment “for an amount to be decided by the court and costs”. If the claimant does not file a request for judgment within 14 days after service of the admission, the claim is stayed until a request is filed. Once requested, the court will enter judgment for damages to be assessed and costs, and list the matter for a disposal hearing to determine quantum.
• Offer to pay a specified sum: The court serves a notice on the claimant requiring a response indicating whether the offer is accepted. If accepted, the claimant may request judgment for that amount (with payment terms if the defendant has asked for time to pay). If not accepted, the court enters judgment for damages to be assessed and lists the matter for a disposal hearing.

A disposal hearing is typically brief and focuses on quantum. The court will expect appropriate evidence (for example, medical evidence and a schedule of loss in personal injury claims) to enable the judge to assess the amount payable.

Time Limits and Forms

• An admission must be made within 14 days of deemed service of the particulars of claim, or within 28 days if an acknowledgment of service is filed.
• Use Form N9A for specified claims (full or part admission of a fixed sum) and Form N9C for unspecified claims (admission of liability, with or without an offer).
• Where a partial admission is made in a specified claim, the defendant should also file a defence (Form N9B) for the disputed balance.

Key Term: disposal hearing
A short hearing where the court decides the amount payable after an admission of liability in an unspecified claim.

Key Term: acknowledgment of service
A form filed by the defendant within 14 days of service of the particulars of claim (or claim form where particulars are served with it) indicating intentions, and extending time to file a defence to 28 days.

Consequences of Admissions

Full Admission

If the defendant admits the whole claim, the court will enter judgment on admission for the amount admitted. The judgment will reflect either the defendant’s proposed payment terms (if accepted by the claimant) or payment terms set by the court after considering the defendant’s financial statement and the claimant’s objections. On specified money claims that are admitted, fixed commencement costs under CPR Part 45 generally apply and will be included in the judgment. The court may also include pre‑judgment interest on the sum claimed, where appropriate, and post‑judgment interest depending on the court in which the claim is proceeding (see below).

Key Term: default judgment
A judgment entered at the claimant’s request under CPR Part 12 when the defendant fails to file an acknowledgment of service or a defence within the time limits, or fails to take required steps in respect of a defended claim.

Partial Admission

If the defendant admits only part of the claim, the admitted part proceeds as above and judgment may be entered on the admission for that amount. The remainder proceeds as a defended claim and follows the usual timetable (directions questionnaire, allocation, and case management). If the defendant fails to file a defence for the disputed part, the claimant may seek default judgment for the balance.

Unspecified Claims (Consequences)

If the defendant admits liability but disputes the amount (or does not make an offer), the court will determine the sum payable, usually at a disposal hearing. The claimant should file appropriate evidence of quantum. If the defendant made an offer in satisfaction and the claimant accepts it, judgment will be entered for that amount (subject to court approval where required). If the claimant does not request judgment within 14 days after service of the admission, the proceedings are stayed until the request is filed.

Payment Proposals

Defendants can propose to pay immediately or by instalments. Proposals must be supported by a full financial statement in Form N9A. If the claimant agrees, judgment will be entered on those terms. If the claimant disagrees, the court will decide what is reasonable, considering the defendant’s means, the claimant’s interests, and the overriding objective. The court can make an instalment order without a hearing unless a hearing is requested.

Judgment debts attract interest after judgment: in the High Court at 8% per annum under the Judgments Act 1838, and in the County Court at 8% per annum under the County Courts (Interest on Judgment Debts) Order 1991 (subject to thresholds and exceptions). In the County Court, interest normally only accrues on judgment debts of £5,000 or more, and note that interest may cease during County Court enforcement proceedings unless those proceedings are unsuccessful.

Withdrawing an Admission

A defendant may apply to withdraw an admission, but only with the court’s permission. The court will consider all the circumstances, including:

• the reasons why the admission was made and why withdrawal is sought (e.g. new evidence)
• the stage of the proceedings and any case management directions already given
• prejudice to the other party if withdrawal is permitted or refused
• the prospects of the case if the admission were withdrawn
• promptness of the application and adherence to the overriding objective

Admissions can also be made pre‑action under applicable protocols; in some lower‑value cases, a pre‑action admission may be binding unless withdrawn by agreement or with the court’s permission. The court expects parties to address admissions promptly and realistically.

Key Term: withdrawal of admission
The process by which a defendant seeks the court’s permission to retract a previous admission of liability or amount.

Strategic Considerations

Admitting a claim can save time, costs, and resources. It may also help preserve business relationships or reputation. However, defendants should carefully consider the strength of their defence before admitting, as admissions are binding and can lead to immediate judgment. Where cash‑flow is the issue rather than liability, a prompt, supported proposal to pay by instalments may secure a realistic payment schedule and avoid contested enforcement proceedings. Conversely, where a defendant admits liability in an unspecified claim, ensuring the claimant files a timely request for judgment is important; otherwise the case will be stayed, delaying resolution.

For claimants, a clear response to admissions within the relevant 14‑day periods avoids unnecessary stays. If a part admission is acceptable, obtaining judgment for the admitted sum may be sensible while proceeding on the remainder. Where the claim involves a minor or a protected party, the court must approve any admission leading to judgment, and approval may require evidence of quantum and best interests. Parties should remain alive to fixed costs on admitted specified money claims and interest rules after judgment.

Worked Example 1.1

A defendant is sued for £8,000 for unpaid invoices. After reviewing the documents, the defendant agrees they owe the full amount but cannot pay immediately. They complete Form N9A, propose to pay in monthly instalments, and serve the form on the claimant and the court within 14 days.

Answer:
The court will enter judgment for £8,000. If the claimant accepts the payment proposal, the defendant pays by instalments. If not, the court will decide what payment terms are reasonable.

Worked Example 1.2

A defendant is sued for damages after a car accident. The claim is for an unspecified amount. The defendant admits liability but disputes the amount claimed. They complete Form N9C and serve it within the time limit.

Answer:
The court will stay proceedings and notify the claimant. If the claimant accepts any offer, judgment is entered for that amount. If not, the court will list a disposal hearing to decide the amount payable.

Worked Example 1.3

A defendant admits liability for a specified claim but later discovers evidence suggesting they are not responsible. They apply to withdraw the admission.

Answer:
The defendant must seek the court’s permission to withdraw the admission. The court will consider the reasons, timing, prospects, and any prejudice to the claimant before deciding.

Worked Example 1.4

A defendant admits £4,000 of a £7,000 specified money claim and files N9A for the part admitted together with a proposal to pay £100 per month. They also file a defence using N9B disputing the remaining £3,000. The claimant does not accept £4,000 in satisfaction of the whole claim.

Answer:
The court will enter judgment for the admitted £4,000 on payment terms either agreed or determined by the court. The remaining £3,000 proceeds as a defended claim. If the defendant fails to defend the balance properly, the claimant may seek default judgment for the remainder.

Worked Example 1.5

In an unspecified claim, the defendant files N9C admitting liability but makes no offer. The claimant does not request judgment within 14 days of service of the admission.

Answer:
The claim is stayed until the claimant files a request for judgment. Once the request is filed, the court will enter judgment for damages to be assessed and list a disposal hearing to determine quantum.

Exam Warning

If a defendant ignores the claim or fails to serve the admission form within the time limit, the claimant may apply for judgment in default. Admissions must be made promptly and using the correct forms. In unspecified claims, if the claimant fails to request judgment within 14 days after service of an admission, the case will be stayed until a request is filed. Where a minor or protected party is involved, the court must approve any admission leading to judgment.

Revision Tip

Always check whether the claim is specified or unspecified before advising on admissions. Use the correct form and observe the time limits to avoid default judgment or unnecessary stays. In specified claims, remember fixed costs are added where appropriate, and post‑judgment interest differs between the County Court and High Court.

Key Point Checklist

This article has covered the following key knowledge points:

• Admitting a claim is a formal process governed by the CPR, using specific forms and time limits.
• Full or partial admissions can be made for specified or unspecified claims.
• For specified claims, use Form N9A; for unspecified claims, use Form N9C; file N9B if defending the balance of a specified claim.
• Admissions must be served within 14 days (or 28 days if an acknowledgment of service is filed).
• The court will enter judgment on admission; payment terms may be set by the court if disputed.
• If the claimant does not request judgment within 14 days after an admission in an unspecified claim, the proceedings are stayed until a request is filed.
• On admitted specified money claims, fixed costs are generally added under Part 45; interest may accrue post‑judgment depending on the court and thresholds.
• Withdrawal of an admission requires the court’s permission and depends on reasons, timing, prejudice, prospects, and the overriding objective.
• Minors and protected parties require court approval for admissions and settlements.
• Strategic considerations include costs, time, interest, and the strength of any defence.

Key Terms and Concepts

• admission
• specified claim
• unspecified claim
• disposal hearing
• judgment on admission
• acknowledgment of service
• default judgment
• withdrawal of admission