In the English Court system, particularly within the small claims track, when a claimant issues a claim for money owed, the defendant has several options for responding. Among these are making full or partial admissions, typically documented using Form N9A, an admission form. Understanding what these admissions entail and their implications can help both claimants and defendants navigate the process more effectively.

What are Full and Partial Admissions?

Full Admission: This is when a defendant acknowledges that they owe the entire amount claimed by the claimant. By submitting a full admission, the defendant agrees with the claim as filed, including the sum of money stated. The defendant can also propose a payment plan on the N9A form, suggesting how they intend to settle the debt. Thus any residual dispute between the parties solely concerns when the money is to be paid.

Partial Admission: This occurs when the defendant acknowledges owing only part of the amount claimed. In making a partial admission, the defendant agrees that some of the money is owed but disputes the remainder. The defendant must specify the amount they admit owing and can make an offer to pay this admitted amount. They must also provide reasons for disputing the remaining amount, which might involve disagreements over the facts, calculations, or interpretations of agreements. This is usually provided in the N9B defence form or in a document attached to that.

The Process for Admissions

When a defendant decides to make either a full or partial admission, they need to fill out and return Form N9A to the claimant and the Court. The form asks for details on whether the defendant admits the claim wholly or in part and includes sections for outlining a proposed payment schedule or reasons for disputing part of the claim.

1. Submission of Form N9A: Once completed, the defendant submits the form to the court and sends a copy to the claimant. This form should be returned within 14 days of receiving the claim form from the Court.
2. Review by the Claimant: Upon receiving a full or partial admission, the claimant has several choices:
   • Accept the Payment Proposal: If the defendant has admitted the full amount and proposed a reasonable payment plan, the claimant may choose to accept this plan. If the claimant accepts the proposed terms, they can inform the court, which will then issue a judgment based on these terms.
   • Request a Different Payment Schedule: If the claimant does not agree with the payment terms proposed by the defendant in cases of full admission, they can request that the Court determines the terms of payment.
   • Proceed with the Claim: In the case of a partial admission, if the claimant does not accept the defendant’s reasons for not paying the full amount, the claimant may choose to continue with the claim for the disputed amount. This will likely lead to a hearing where both parties can present their evidence.

Considerations for the Claimant

Evaluating the Admission: Claimants should carefully review any admission to ensure it accurately reflects the amounts owed. In cases of partial admissions, it is crucial to assess whether the dispute about the remainder is legitimate and whether it is worth the potential time and effort to pursue the remaining amount in Court.

Costs and Practicality: Claimants should consider the sense of proceeding to a hearing against the potential recovery, especially in small claims where the sums at stake are more modest than in larger casaes. Sometimes accepting a partial admission and settling for a slightly lower amount might be more economical and faster than pursuing full litigation.

Impact on Relationships: In some business or personal contexts, how a claimant responds to an admission might impact ongoing relationships. It's worth considering whether pursuing the full amount aggressively might damage a valuable long-term relationship.

Conclusion

Full and partial admissions on a N9A form play an important role in the proceedings of small claims in the English Court system, allowing defendants to acknowledge their debts wholly or partially. For claimants, understanding these admissions, strategically evaluating them, and responding appropriately are important steps towards making a recovery of the money owed.