2.6 Defences Flashcards
What two things must the defence achieve?
CPR 16.5
(summarised)
1. React to each of the claims;
2. Set out the defendant’s own case.
How will the claimant know where to contact the defendant after service of the defence?
CPR 16.5(8)
Every defence must include the defendant’s address for service in the jurisdiction unless an acknowledgment of service has already been filed.
16 PD 10.4
D must also indicate where the defendant resides or carries on business if the claim form does not contain such information.
What are the defendant’s options in responding to the allegations?
CPR 16.5(1)
Admit the allegation;
Deny the allegation; or
Require proof of the allegation.
What can happen if a party fails to admit any factual claims that it does not dispute?
CPR 44.2(5)(b)
The court may make an adverse costs order based on the party’s conduct before trial.
“whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;”
Which Rule deals with the content of the defence?
CPR 16.5
What must the defendant do if he denies an allegation?
CPR 16.5(2)
Where the defendant denies an allegation—
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
[It is not acceptable to make a ‘bare denial’, ie to deny an allegation without giving reasons.]
Why might the defendant require proof of an allegation?
If the defendant does not know enough to admit or deny it. eg, how much did the claimant lose?
What happens if a defendant fails to deal with an allegation?
CPR 16.5
(3) A defendant who—
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
(4) except amounts of money claimed which must always be proved.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
Apart from responding to allegations, what three things must be included in the defence?
16 PD 13.1
Limitation
CPR 16.5(6)
Disputing the statement of value
16 PD 12
A response, with medical evidence, to the schedule of losses in personal injury claims.
Any matters to do with mitigation or reduction of damages.
Set off
Other defences
Human rights
Counter claims
What is the standard structure of a defence?
- Adopt the terms in the POC;
- Admit the introductory paragraph;
- Admit or deny allegations paragraph by paragraph;
- The “general denial” in reference to the sum claimed.
