Defence statement - drafting Flashcards
For each allegation what are your options
1) Admit
2) Deny
3) Non-admission (where they have no knowledge)
Deny - What to include
If the defendant denies an allegation then:
a) the defendant must state their reasons for doing so
b) if the defendant intends to put forward a different version of events from that given they must state their own version
Deny - Example
As to paragraph 6, the Defendant denies that he was in breach of the contract. The Defendant asserts that he installed the Gate exercising reasonable skill and care
Do you include evidence
No. It is not the function of the defence or any statement of case to include evidence in support of a party’s case. Only material facts should be included e.g any relevant evidence of their experience to back their claim should be left for their witness statement
Experts and expert reports
You can take information from expert reports e.g what materials should have been used but you should NOT name the expert or attach a copy of their report
Expert - Example
As to paragraph 6.2, it is admitted that the hinges had no supporting bearings but it is denied that the hinges should have had supporting bearings
Non-admission
Usually relates to loss and damage. Typically starts with a non-admission and then makes an alternative argument on the issue of causation. Alternative arguments are drafted as ‘In the alternative, if, which is not admitted…’
Non-admission - Example
As to paragraph 8, it is not admitted that the Claimant suffered the alleged or any loss and damage as the Defendant has no knowledge of these matters. In the alternative, if, which is not admitted, the Claimant suffered any such loss and damage, it is denied that the Defendant caused this. It is the Defendant’s case that the Claimant caused his own loss by leaving the Gate open or not shutting the Gate properly or otherwise failing to make the Property secure.
Loss
Don’t cite case law or legal principles e.g this loss is not recoverable because it was not in the reasonable contemplation of the parties. Merely say that ‘the loss is too remote’
Loss is too remote - Example
Further, as to the allegation of loss of rental income made in paragraphs 7 and 8, if, which is not admitted, that loss was sustained then it is the Defendant’s case in reliance on paragraph 3 above that such loss is too remote.
How a defence ends
With a statement of truth. Only if someone else other than the client is signing e.g you, do you need the ‘I am authorised to sign’. Whoever signs needs their print name under
