Drafting the defence
Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys
Drafting the defence

The following Dispute Resolution guidance note Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Drafting the defence
  • What are the formalities?
  • Specific types of claim
  • Drafting Tips
  • Interest
  • Is the claim one brought as foreign currency?
  • Is there a need to obtain further information?
  • Are there any deficiencies in the pleaded claim(s) which can appropriately/reasonably be attacked?
  • Are there any specific defences that may be available?
  • Are there any specific aspects of causation or the loss generally which can be attacked?
  • more

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness statement is presented in English but where, notwithstanding signature of the statement, the witness cannot speak English and the statement is not necessarily ‘in their own words’. CPR PD 22 will also require a statement of truth to be dated with the date that it is signed and the required wording of the statement of truth will be amended to include a warning that proceedings for contempt of court may be brought against those who give a statement of truth without an honest belief in its truth. For more information, see News Analysis: 113th practice direction update—31 March and 6 April 2020—Changes in force 6 April 2020. This content will be updated in light of these changes in time for the 6 April 2020 in force date.

If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in conjunction with Practice Note: Business and Property Courts—Capped Costs List pilot scheme.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules. Depending on the court in