Defence and Reply Flashcards
What must a defence include under CPR 16.5?
A. A response to each allegation in the particulars of claim, admitting, denying, or requiring proof.
B. A summary of the relief sought by the claimant.
C. The claimant’s particulars of claim, restated in full.
D. Only a denial of the claim without explanation.
A. A response to each allegation in the particulars of claim, admitting, denying, or requiring proof.
Explanation: Under CPR 16.5, the defence must address every allegation made in the particulars of claim. If an allegation is not addressed, it may be deemed admitted.
What happens if a defendant fails to address an allegation in their defence?
A. The court may strike out the defence immediately.
B. The allegation is deemed admitted unless an alternative case is set out.
C. The court will automatically order a summary judgment.
D. The claimant must apply for a hearing to resolve the issue.
B. The allegation is deemed admitted unless an alternative case is set out.
Explanation: If the defendant does not respond to a particular allegation in the particulars of claim, CPR 16.5(3) states that the allegation is deemed admitted.
When must a defence be filed if the defendant does NOT acknowledge service?
A. Within 14 days of the claim form being issued.
B. Within 14 days of deemed service of the particulars of claim.
C. Within 28 days of the claim form being issued.
D. Within 21 days of receipt of the particulars of claim.
B. Within 14 days of deemed service of the particulars of claim.
Explanation: Under CPR 15.4(1), if the defendant does not file an acknowledgment of service, they must file their defence within 14 days from the deemed date of service of the particulars of claim.
What is the purpose of a reply to defence?
A. To repeat the points made in the particulars of claim.
B. To introduce completely new allegations against the defendant.
C. To address new facts raised in the defence that were not covered in the particulars of claim.
D. To request the court to strike out the defence.
C. To address new facts raised in the defence that were not covered in the particulars of claim.
Explanation: A reply is optional but can be used to respond to new facts raised in the defence. It should not simply repeat points from the particulars of claim (CPR 16.7).
A defendant denies the allegations in the claim but does not provide any explanation. What is the consequence?
A. The court will ignore the denial and require proof of the claim.
B. The denial is ineffective because a defence must provide reasons.
C. The claimant must prove the allegations, but the defendant can add details later.
D. The court will order a default judgment.
B. The denial is ineffective because a defence must provide reasons.
Explanation: Under CPR 16.5(2), a defendant must give reasons for any denial and state their alternative version of events if they dispute the claim.
A claimant alleges that the defendant breached a contract. The defendant says they have no knowledge of this fact. What should they do in their defence?
A. Admit the breach of contract.
B. Deny the allegation outright.
C. Require proof of the allegation.
D. Ignore the allegation and focus on their counterclaim.
C. Require proof of the allegation.
Explanation: If a defendant has no personal knowledge of an allegation, they cannot deny it outright but can require the claimant to prove it (CPR 16.5(3)).
A defendant wants to argue that the claim is time-barred under the Limitation Act 1980. What must they do?
A. Do nothing—limitation is an automatic bar to the claim.
B. Raise limitation as a defence and state when the period expired.
C. Wait until trial to raise the issue of limitation.
D. Apply for immediate summary judgment.
B. Raise limitation as a defence and state when the period expired.
Explanation: Limitation must be pleaded as a defence, stating when the period expired (16 PD 13.1). The court will not consider it automatically.
A defendant files an acknowledgment of service but does not file a defence within 28 days. What can the claimant do?
A. Apply for judgment in default.
B. Serve an unless order requiring a defence.
C. Wait for the defendant to apply for an extension of time.
D. Request a case management conference.
A. Apply for judgment in default.
Explanation: Under CPR 12, if a defence is not filed within the deadline, the claimant can apply for default judgment, as the defendant has failed to properly respond.
The claimant issues proceedings claiming £50,000 in damages. The defendant admits liability but disputes the amount claimed. What should they do?
A. Deny liability to force the claimant to prove the claim.
B. Admit liability but offer an alternative sum in satisfaction.
C. File a counterclaim for a lower amount.
D. File an acknowledgment of service and apply for strike-out.
B. Admit liability but offer an alternative sum in satisfaction.
Explanation: Under CPR 14.7, a defendant can admit liability while offering a lower amount, which the court will later assess.
A defendant wants more than 28 extra days to file their defence. How can they achieve this?
A. Agree a longer extension with the claimant.
B. Apply to the court for an extension of time.
C. Simply file the defence late and explain why later.
D. Submit an acknowledgment of service instead.
B. Apply to the court for an extension of time.
Explanation: Under CPR 15.5, the parties can agree an extension of up to 28 days. If more than 28 days is needed, the defendant must apply to the court.
