Drafting:
Main page:Preface,Analysis
and Planning of the page
Extract 1 : Presenting
the case in the best promising way with the effectual lingo
Extract 2 : Essentials
of argue, defence and counterclaim
Extract 3 : Respond and justification to counterclaims
Extract 4 : Part
20 claims and Witness statement
Respond and Justification to counterclaims:
The main rule that applies to replies to Defences is that under the CPR rule 16.7 the Claimant who fails to file a reply to the Defence shall not be taken to admit the matters with in it. If the Claimant does file a Defence then he shall be taken to require the Defendant to prove the matters that he fails to answer in the reply. Therefore replies are often short as those allegations or facts that the Claimant wants the Defendant to prove need not be mentioned. However it is rather a different matter when the Reply to a Counterclaim is issued. Here the Claimant will taken to admit the facts contained in the Counterclaim if he faces to deal with them. and so must be drafted the same way as a standard Defence.
IN THE CAMBERHEAD COUNTY COURT Claim No.CH2389 BETWEEN
"JOE SMITH Claimant" And "ANNE LOGAN Defendants"
RESPOND
1. Paragraph 2 of the Defence is admitted.
2. Paragraph 3 is denied. The Claimant was standing on the footpath next to the road.
3. The Claimant attempted to slow the Defendant down by gesturing to her, The Defendant did not slow down and is to control of the car causing damage to the Claimants property. Paragraphs, 3, 4, 5 are denied.
JUSTIFICATION TO COUNTERCLAIM
4. Paragraphs 1 to 3 above are repeated
5. The Claimant agrees that the motor car was owned by the Defendant.
6. No admissions are made as regard to paragraph 8 of the Counterclaim. The Defendant is required to prove that the loss and damage claimed was suffered.
Dated this day 3rd of February 2003
The Claimants believe that the facts stated in this Particular of Claims are true.
Johnny Jeeves- Partner
in Smith and Smith, Solicitors for the Claimants
Main page:Preface,Analysis
and Planning of the page
Extract 1 : Presenting
the case in the best promising way with the effectual lingo
Extract 2 : Essentials
of argue, defence and counterclaim
Extract 3 : Respond and justification to counterclaims
Extract 4 : Part
20 claims and Witness statement
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