Defence + reply

Question 1

what is the purpose of the defence?

Answer 1

D’s response to the claim + advance facts on which they seek to rely

Question 2

how is the defence structured? explain each part

Answer 2

Respond to each point in the POC referring to the paragraph number (+ use same headings if possible):

Denied
 Inc. why + own events
 If multiple reasons for denial can state ‘Para [X] is denied for the following reasons’ and give the reasons in number subparagraphs

Cannot admit/deny so C needs to prove
 i.e. D doesn’t have the information to answer
 ‘D is unable to admit or deny para [X] and C is required to prove the same’

Admitted (cost penalties for failure to admit points clearly true)

Question 3

what happens if the defence fails to response raised in the POC?

Answer 3

it is considered to be admitted

Question 4

where relevant, what additional points need to be raised?

Answer 4

o Limitation arguments (inc. why + when expired)
o Contributory negligence arguments
o Failure to mitigate their loss
o COA arose from C’s illegality
o Defence of set-off
o Counterclaim (unless there is good reason) (follows defence. Won’t repeat defence - will state certain provisions are relied upon)

Question 5

what must be attached if it is a PI claim?

Answer 5

o If C has attached a schedule, D should attach a counter schedule
o Any medical report they have obtained

Question 6

what is set-off and counterclaim? Explain each

Answer 6

• Set off = defence. D reduces/extinguishes C’s claim by asserting C owes them money. No relief sought. Raised in defence.
• Counterclaim = an independent claim against C within the same proceedings. Seeks relief from C. Part 20 procedure to be followed.

Question 7

what is the purpose of a reply?

Answer 7

address/clarify new issues/allegations raised in defence

Question 8

is it necessary to file a reply?

Answer 8

no, it is optional. C is not taken to admit matters if they do not file a reply.