Summary
Summary SGS 3 Civil Litigation LPC (Statements of Case 2) Lecture, SGS and Solution Notes and Exam Structure(High Distinction)
- Module
- LPC
This document reviews statements of case 2.
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The Defence (CPR 16.5) Defence must be filed at court within 14 days of deemed service of the PoC or 28
days where an AoS has been filed CPR 15.4.
Defence must be served on every other party but not specific a time limit for doing
so CPR 15.6
Purpose of a defence:
1. React to every point or allegation made in the claimant’s PoC.
2. State full particulars of the defendants own case.
Parts of the defence
Every defence must include:
1. A heading
2. The defendant’s address for service, unless an AoS had already been filed
3. A statement of truth
Content
The purpose of a defence is to admit, deny or require proof of the allegations made by the
claimant CPR 16.5(1).
Admit-
this will mean that there is no longer an issue and that C will not have to prove.
You should admit anything that is not disputed or non-controversial. You can face a
consequence for not admitting something you should have CPR 44.2(5)(b).
Deny-
If you can prove it is not true via another version of events, you can deny. However,
you must give reason to deny. You cannot just blankly deny.
It must state the other version of events in the defence CPR 16.5(2).
Require proof-
This is where you ask the claimant to prove their allegation by stating that “the
defendant is unable to admit nor deny the allegation made”.
This is used for damages and you can ask for proof of their calculations.
Omissions-
If anything is not denied or not dealt with, then the defendant is deemed to have
admitted it.
The amount claimed in a money debt claim however is deemed to always be not
admitted unless the defendant specifically admits it CPR 16.5(4).
Other
Defendant can dispute the claimant’s valuation of the claim. If so, the defendant
must state why it dispute it and what other estimate it would give CPR 16.5(6).
Defence of limitation- it is not a bar to the claim being brought but the defendant
must state the date on which the limitation period of deemed to have expired 16 PD
13.1.
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