dispute drafting

Question 1

defence and counterclaim

Answer 1

1. The Defendant adopts the definitions used in the particulars of claim.
2. go through each paragraph and state whether they are admitted or denied.
3. e.g. paragraphs 8-11 - the claimants are required to prove any loss and damage.
4. in the circumstances, the claimants are not entitled to relief sought.

counterclaim:

6. The Defendant repeats paragraphs 1-5 of their defence.
7. It was an express term of the contract that the claimants would pay the defendants the sum of £500,000 in consideration of the Premiuses, split into three instalments of £450,000, and 2 x £25,000 payable by 25 May 2021 and 25 May 2022 respectively.
8. In breach of this term, the Claimants have failed to pay the Defendant the final instalement of £25,000, despite reminder notifications having been sent to the Claimants on five occasions.
9. By reason of the breach set out at paragraph 8 above, the Defendant suffered loss and damage.

PARTICULARS OF LOSS AND AMAGE

Unpaid Instalment £25,000
_______
£25,000

10. The Defendant is entitled to interest on the outstanding instalment under clause of the contract at the rate of % per annum from (date debt was due) until (date defence was issued) amounting to and continuing at a daily rate of until judgement, or sooner payment.
    AND THE DEFENDANT COUNTERCLAIMS
    (i) The sum of £25,000,
    (ii) Interest under paragraph 10 to today’s date; and
    (iii) Further interest under paragraph 10 t a daily rate of () until judgement or sooner payment.

Statement of truth
The defendants believe that the facts stated in this defense and counterclaim are true. I am duly authorised by the defendants to make this statement. The defendant understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.