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We set out all the basic information about Statements of defence and provide you with some ideas which may assist.
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Click on to : Statement of Claim
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Once you have read that Index Site we can tell you that similar principles apply to Statements of Defence.
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The Statement of Defence generally follows paragraph by paragraph the Statement of Claim setting out the Defendant’s answer to each of the paragraph of the Statement of Claim.
You can simply set out a short sentence in response to each paragraph of the Statement of Claim saying whether you admit or deny the allegation. See below.
However, it is also necessary to ensure that the crucial nature of the defence is clearly expressed in the Statement of Defence. It is not enough simply to admit or deny each of the paragraphs in the Statement of Claim.
The Statement of Claim might have been worded cunningly so that simple admissions or denials of each allegation in the Statement of Claim do not allow for the pleading or wording of the precise defence to the claim.
That is why, after you have gone through the Statement of Claim carefully, either admitting or denying each of the paragraphs, you need to stand back and ask yourself whether you have properly expressed your full defence to the Statement of Claim.
If you have a counterclaim on top of your Statement of Defence then you are entitled to set out the basis of that counterclaim in your formal Statement of Defence.
But it must come towa
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