Defence

Question 1

How do you make a No Admission statement in a Defence?

Answer 1

The Defendant makes no admission as to the matters stated in paragraph [X] as they have no knowledge of the matter. Therefore, the Claimant is required to prove [X]’

Question 2

In a Defence, how do you state you dispute each item of loss / damage?

Answer 2

The Defendant disputes each and every head of loss and damage’

Question 3

How should you address the Loss and Damage suffered by the Claimant re burden of proof?

Answer 3

“The Claimant is required to prove any loss or damage alleged to have been suffered”

Question 4

To end a defence, you should address (1) Relief (2) Interest. How is this done?

Answer 4

(1) RELIEF - ‘In all the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief.

(2)INTEREST - ‘It is admitted that the Claimant is entitled to interest. The Defendant avers that interest is at the discretion of the court.’