Defence (civil claim generic)
Defence (civil claim generic)

The following Dispute Resolution precedent provides comprehensive and up to date legal information covering:

  • Defence (civil claim generic)

Claim No. [insert claim number]

[IN THE HIGH COURT OF JUSTICE

[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]]

[Specify division]

[Specify specialist court]

[Insert location] DISTRICT REGISTRY

OR

THE COUNTY COURT AT [insert location]

[BUSINESS AND PROPERTY COURTS LIST]]

BETWEEN

  1. [insert name]        Claimant

  1. and

  1. [insert name]        Defendant

_________________________________________

[DRAFT]

DEFENCE

_________________________________________

    1. 1

      All references in this Defence to paragraph numbers are references to the [Amended] Particulars of Claim dated [insert date] unless otherwise stated. The Defendant adopts the abbreviations used in the Particulars of Claim.

    [Limitation

    1. 2

      The Claimant’s case is based on [insert cause of action]. On the Claimant’s stated case that cause of action was complete on [insert date] when [insert facts that constitute the complete cause of action]. Pursuant to section [x] of the Limitation Act 1980 limitation started to run from [insert date] and expired on [insert date].

    1. 3

      This claim was not issued until [insert date] and the Defendant will therefore state that the Claimant’s claim is statute-barred. The remainder of this Defence is pleaded without prejudice to this primary contention.]

    [Insert heading summarising the contents of the f

Popular documents