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CPR 14 broadens the scheme for judgments to be entered administratively and allows
the defendant to make payment proposals which might make him more inclined to
consent to judgment where he has no defence.
(a)
CPR 14 applies only to money claims, both liquidated and unliquidated, and
allows the defendant to admit part of the liquidated amount claimed, or, in the
case of unliquidated claims, to put forward the sum in respect of which he is
willing to submit to judgment.
(b)
If the defendant offers to submit to judgment for only part of the sum claimed or
for a quantified sum in satisfaction of an unliquidated claim, the plaintiff can of
course refuse the offer and continue with his action.
(c)
If the whole claim is admitted or if the plaintiff decides to accept judgment for
part of his claim, the defendant may seek time to pay the amount due, either as a
single sum or by instalments
at a specified rate of payment. In doing so, he
has to file a statement of his means.
If the plaintiff accepts the defendant's
payment proposals, he can immediately have the judgment administratively
entered in those terms.
(d)
If the plaintiff is happy with the admission (whether as to the whole or part of
his claim) but unhappy with the defendant's payment proposals, he can refer
those proposals for determination by the court.
This would be done by a
judicial officer without a hearing pursuant to guidelines set by the judges. The
parties would, however, have the right to refer the determination to a judge
.
(e)
Provision can be made for recovery of fixed costs and claims for interest under
this system.
Notes
White Book 14.4.6, CPR 14.14.
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