5. Statement of case Flashcards
Purpose of statements of case?
know each other’s case + strong it is + offer to settle
Purpose of defence?
Highlight issues in dispute:
* deny
* not admit
* admit
What is non-admission by defence?
no knowldege of alleged matter + Claimant must proof
When is burden of proof on defendant?
- Claim contributory negligence pr
- allege claimant failed to mitigate loss
counterclaim?
Own cause of action against claimant + suffered loss caused by claimant
When do you need court permission to file counterclaim?
Defence already filed + seperate doc
Claim for indemnity?
Contractual relationship between defendant + 3rd party (pass on costs to pay to them)
Claim for contribution?
Joint wrongdoers + 3rd party is partly responsible as well
What are Part 20 Claims?
- Counterclaim
- contribution/indemnity
- additional claim against non-party
When can claimant file defence to counterclaim?
within 14 days otherwise defendant apply for default judgement
Amend statement of case within limitation period?
- anytime before served
- after served: written parties consent or court permission
Amend statement of case outside limitation period?
- add/substiute new claim out of same facts
- correct genuine mistake on parties names
- alter capacity party claims
What is court’s overriding objective
Deal with the case justly + proportionate to costs
Part 18?
Request for further information or clarify issue in dispute
What should request for further information be limited to?
matters that are nessecary to allow them to prepare case properly
Response to request for further info filing?
- served on all parties
- filed at court
- verified by statement of truth
