Statement of case - defence and reply Flashcards
What can a defendant do in a defence?
Admit
Deny
require proof
Generally what must a defence contain?
The structure must mirror the structure of particulars
Must include an address for service in jurisdiction
What must be admitted in a defence?
Any facts that are non disputed or non controversial
There can be costs consequences for not admitting something when you should have done so
What must a denial contain?
A bare denial is not sufficient
Must give a reason if a denial is made
Can put forward a different version
A denial will have the effect that the claimant has to prove the allegation
Why might a defendant require proof?
If he is unable to either admit or deny the allegation because D does not know
Need to ask the client what direct knowledge they had in order to decide if to deny or require proof
What are the consequences for failing to deal with an allegation from particulars in a defence?
The D is deemed to admit it if fails to deal with an allegation unless it has set out its own case in respect of that allegation
In this case C will have to prove it
What happens if a defendant does not address an allegation in a money claim in the defence?
In a money claim it will always be understood that the amount claimed is not admitted unless the defendnat specifically admits it
what other matters and defences must be included in a defence?
- limitations - if raised d must state the date on which the limitation period is deemed to expire
- disputing statement of value - must state why and what it estimates the value to be
- In PI cases- must state if he agrees, disputes or has no knowledge of the matter in the schedule of losses and any medicual reports included
- defence of set off
- any human rights defences
What is the format in which a counterclaim is made in the defence>
They are the same document and counterclaim follows on from the defence
What are some standard structure elements of a defence?
Adopt the definitions used in particulars
Paragraph 1 is usually introduction of parties - so often paragraph 1 is admitted
the allegations will then be admitted, denied or put to proof
a general denial is included for denial of entitlement of claimant to the sum claimed
ended with a statement of truth
What is a reply?
An optional statement of case served on claimant by d
its purpose is to allege facts in answer to the defence which were not included in the claim
When should a reply be filed?
With the directions questionnaire which is filed after a claim is defended
parties are given 14 days notice of the deadline for doing this
the reply should be the last statement of case in a claim and permission of the court is needed to file any statement of case after the reply
