Defence and Reply Flashcards
What is the defence?
Response to particulars of claim – setting out its case
What is the purpose of a defence?
To react to every point of allegation and state full details of D’s own case
How does a defence respond to each allegation?
It responds to them each in turn
Which options does the D have for each allegation?
1) Admit the allegation
2) Deny the allegation
3) Require proof of the allegation
What must a D do if it denies allegations?
Give reasons for it – can put forward different version of events
When would a D require proof of the allegation?
If the D is not aware of something, so can neither confirm nor deny
What are the consequences of failing to respond to an allegation?
Deemed to admit it, unless it has set out its own case which says something else
What are the consequences of failing to admit a money claim?
It will not be assumed unless the D specifically admits that
What other specific matters could the defence raise?
1) Limitation issues
2) Disputing the statement of value
3) Personal injury claims – schedule of past and future expenses, medical report
4) Mitigation
5) Set off (I owe you X, you owe me X, so it writes it off)
Is a defence and counterclaim separate documents?
It’s usually in the form of one document, with the counterclaim following from the defence
What does a defence start with and end with?
Case heading at the top, statement of truth at the bottom
What is a reply? Who serves it?
A reply is served by claimant in response to the defence on facts not included in the claim
What is the structure of a reply?
No particular structure
When is a reply to be filed?
With the directions questionnaire
What is the last statements of case?
The reply to the defence, if there is one (there isn’t with every case)
