Defence Flashcards
What is a defence going to be in response to?
The particulars of claim
What three options does a defendant have when drafting a defence?
The defendant can either make an admission, a denial or where the defendant has no knowledge of he matter stated, a requirement that the claimant prove he point. This is known as a non-admission.
What structure will the defence take?
A point by point response. This ensures that every allegation in the particulars of claim is dealt with.
What happens if the defence fails to address one of allegations?
This could be considered an admission through omission
What does the defence need to include, if it is alleging that the claimant contributed to, or failed to mitigate his loss?
The defence will need to assert how this was done, details of the allegation and how the claimants actions were unreasonable
If the client is relying on a defence of limitation, what must the defence include?
Details of the expiry of the limitation period being relied upon
What is key to include in an address for service?
A postcode
What second document can be served with the defence, if the defendant wishes to do so?
A counterclaim. The defence and counterclaim will form one document
Can a claimant respond to a defence which has been served to their particulars of claim?
Yes, however there is no obligation to do so. He should do so if he needs to allege facts in answer to the defence that were not included in the particulars of claim.
