Defence

Question 1

every defence must include

Answer 1

HEADING

D’s address for service in the jurisdiction (unless AOS already filed)

Statement of truth

Question 2

If D omits to deal with any allegation

Answer 2

D is deemed to admit UNLESS it has set out its own case re: that allegation

IF MONEY (DEBT) CLAIM - amount claimed always deemed NOT admitted unless D specifically admits (CPR 16.5(4)) BUT good practice to deal with every allegation

Question 3

what must defence do?

Answer 3

1. React to every point or allegation in C’s POC (CPR 16.5(1))
   - ADMIT
   - DENY
   - REQUIRE C TO PROVE
   (can split up paragraphs to sentences)
2. State full particulars of D’s own case (CPR 16.5(2)b)

Question 4

admit

Answer 4

IF D KNOWS IT TO BE TRUE

• C won’t need to bring evidence to support it
• do this for every non-controversial (saves costs and time)

Usual to admit:

1. existence of the contract and performance of its terms
2. 1st para (uncontroversially describes what each party does as a business/profession)

Question 5

deny

Answer 5

IF D WANTS TO DISPUTE FACTS

• NO BARE DENIALS THOUGH - D must explain why it disputes facts (CPR 16.5(2))
• MUST be facts that, had they occurred, would be in D’s knowledge
• if disputing valuation of claim - state why and what it estimates value to be

E.g. deny debt due bc already paid, deny term relied on exists and say why (e.g. sale not in course of business)

Question 6

require C to prove

Answer 6

WHEN D IS NOT ABLE TO ADMIT/DENY BECAUSE FACTS ARE BEYOND D’S KNOWLEDGE

• D did not/could not know this
• E.g. alleged loss/damage

Question 7

re: quantum of damages

Answer 7

DENY LIABILITY, require proof for breach:
“As to paragraphs [X - particulars of loss], if (which is denied), the Defendant is found liable to the Claimant, the Claimant is required to prove the quantum of any loss and damage alleged to have been suffered”

NEVER ADMIT unless SPECIFIC INSTRUCTIONS TO DO SO

Question 8

AT THE START - FORMAT

Answer 8

“The defendant adopts the definitions used in the Particulars of Claim”

Question 9

AT THE END - FORMAT

Answer 9

GENERAL DENIAL - “In the circumstances, the Claimant is not entitled to the relief sought or any relief”

STATEMENT OF TRUTH - shouldn’t be on a page by itself

Question 10

re: quantum of damages - specific instructions to admit quantum

Answer 10

IF ADMIT DAMAGES: (admit figure but deny breach caused the loss because POC will link breach to loss using ‘as a result of’)

“Loss referred to in paragraph X is admitted but it is denied that this is as a result of the Defendant’s breach”