DR - Defence Flashcards
What should be the first line in the defence?
- The Defendant adopts the definitions used in the Particulars of Claim.
What should the defence say if the defendant is unable to admit or deny?
The Defendant is unable to admit or deny paragraphs [] of the Particulars of Claim. The Claimant is therefore required to prove all of the matters stated.
What is the general denial?
In the circumstances the Claimant is not entitled to the relief sought or any relief.
What should the statement of truth state if the party’s legal representative has drawn up the defence?
The Defendant believes that the facts stated in this Defence are true. The Defendant understands that proceedings for contempt of court may be 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. I am duly authorised by the Defendant to sign this statement.
What should you say to require proof but deny in the event of liability?
‘If (which is denied), the Defendant acted in breach of contract, the Defendant requires proof that ….
