Dispute Resolution Flashcards
What are the potential consequences of filing a defence without a statement of truth?
The court may strike out the defence, and the solicitor may face proceedings for contempt of court if the document contains false information.
A statement of truth is a mandatory requirement for statements of case (CPR 22.1(1)(a)).
What is the court likely to consider when deciding whether to grant the defendant’s application to amend the defence?
The court will consider whether the amendment is necessary to deal with the case justly and at proportionate cost, balancing the potential prejudice to the claimant against the need for the defendant to present their full case.
The court does not automatically deny amendments sought close to the trial date without the claimant’s consent; it has discretion to allow amendments if it is just and proportionate. The court does not require proof that the omission was due to an unavoidable mistake and that no additional evidence will be required; it considers the overall justice and proportionality of allowing the amendment.
A claimant has served a written request for further information on the defendant, seeking clarification on several issues related to the defendant’s defence. The defendant believes that some of the requested information is irrelevant, disproportionate, and privileged. The defendant’s legal team is considering how to respond appropriately.
What is the correct procedure for the defendant to follow if they object to providing some of the requested information?
The defendant must inform the claimant of the objections, providing reasons, within the timeframe set out in the request.
Under 18 PD 4, if a party objects to providing requested information, they must inform the requesting party of the objections and give reasons within the specified timeframe. This ensures that the requesting party is aware of the objections and can decide on the next steps, potentially including an application to the court.
