DR - responding to a claim

Question 1

What is the purpose of the defence?

Answer 1

Reacts to every point/allegation in the particulars of claim, stating full details of D’s own case
Each allegation must be dealt with individually

Question 2

How can a D respond to each allegation in the defence?

Answer 2

• Admit fact
• Deny fact (with reasons)
• Require proof of allegation (where they can’t deny or admit it)

Question 3

What happens if a D fails to deal with an allegation?

Answer 3

• deemed to admit it
• Unless it’s a money claim where it’s not admitted to unless D specifically does so

Question 4

What other things can be included in a defence?

Answer 4

• Limitation period defence 🕰️
• statement of value dispute 💰
• For PI claims, response to schedule of past/future expenses and losses, and medical report 🩻💰
• mitigation or reduction of damages 🫵
• counterclaims 🤬

Question 5

Is a ‘bare denial’ without reasons acceptable?

Answer 5

No