CIVIL LITIGATION
Chapter 7.3 – 7.9
THE DEFENCE
Contents
Rule 16.5 sets out what must be contained in the defence:
(1) In his defence, the defendant must state—
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to
prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation—
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant,
he must state his own version.
(3) A defendant who—
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that
allegation is relevant, shall be taken to require that allegation be proved.
(4) Where the claim includes a money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved unless he expressly admits the
allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be
taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must—
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, he must state what that capacity is.
(8) If the defendant has not filed an acknowledgement of service under Part 10, he must give an
address for service.
Need statement of truth.
Admissions, non-admissions, denials and assertions
For each allegation in particulars of claim - should be admission, denial or, non-admission -
where the defendant has no knowledge.
Any denial must be explicit and must state reasons for denying.
defendant must state his own version if he wishes to do so.
A bare denial is not acceptable.
‘rule of implied admissions’, a defendant who fails to deal with an allegation is taken to
admit it: see r 16.5(5).
Point-by-point response
defence usually answers each paragraph of the claim in turn.
If a paragraph contains more than one allegation, each should be answered point by point.
Causation and mitigation of loss
Defence will allege that the claimant caused his own the defendant should assert how.
Appropriate for defendant to allege that the claimant failed to mitigate his loss with details.
Defence of limitation
Chapter 7.3 – 7.9
THE DEFENCE
Contents
Rule 16.5 sets out what must be contained in the defence:
(1) In his defence, the defendant must state—
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to
prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation—
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant,
he must state his own version.
(3) A defendant who—
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that
allegation is relevant, shall be taken to require that allegation be proved.
(4) Where the claim includes a money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved unless he expressly admits the
allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be
taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must—
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, he must state what that capacity is.
(8) If the defendant has not filed an acknowledgement of service under Part 10, he must give an
address for service.
Need statement of truth.
Admissions, non-admissions, denials and assertions
For each allegation in particulars of claim - should be admission, denial or, non-admission -
where the defendant has no knowledge.
Any denial must be explicit and must state reasons for denying.
defendant must state his own version if he wishes to do so.
A bare denial is not acceptable.
‘rule of implied admissions’, a defendant who fails to deal with an allegation is taken to
admit it: see r 16.5(5).
Point-by-point response
defence usually answers each paragraph of the claim in turn.
If a paragraph contains more than one allegation, each should be answered point by point.
Causation and mitigation of loss
Defence will allege that the claimant caused his own the defendant should assert how.
Appropriate for defendant to allege that the claimant failed to mitigate his loss with details.
Defence of limitation
