MCOL - Responding to a Defence

[Legalligator]

I issued a claim through MCOL. I have received a full defence. I understand that I need to complete and return the Directions Questionnaire (N180). What I wondered was at what stage I get an opportunity to reply to the defence. I was hoping that there was such an opportunity ahead of the hearing because, perhaps naively, I hope that if the Defendant sees my more detailed case (MCOL gives you so few characters to explain!), they might just pay up and that would save us both the time and hassle of a hearing. So my question is: when is the first opportunity to send such a reply and how is it done? I don't want to go to mediation as I've only claimed for my out-of-pocket losses so there's nothing to compromise on as it were. Thanks in advance!

[Amethyst]

You'd submit your reply to the defence with your directions questionnaire However you can't add in new legal arguments / grounds for the claim - that would mean an amendment of your claim which you'd have to apply for permission to do. With MCOL, just for future ref, there is a part you can tick to say you will send on further particulars within 14 days so you could submit full particulars and still use MCOL.

This is the CPR

Reply to defence

15.8 If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).

(Part 22 requires a reply to be verified by a statement of truth)

[Amethyst]

Layout wise it's the same as a formal defence / witness statement...something like
;


In the Northampton County Court Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

REPLY TO DEFENCE

1. The Claimant is in receipt of the Defendant's Defence ....

2. In respect to Paragraph 1 of the Defence....

3. etc

4. etc



Statement of Truth

The Claimant believes that the facts stated in this Reply to Defence are true.

Signed ________________________________

Dated ________________________________

[R0b]

I would also point out that a Reply to the defence is optional and most people do not file a Reply, but if you do, then you need to be aware that it is not something which can be used to advance anything new that wasn't contained in your original Particulars of Claim (you would have to amend your Particulars of Claim at a cost of £255).

The purpose of the Reply to a defence is to respond to any points which have been raised by the defence that were not contained in the Particulars of Claim. In addition to the above, the Civil Procedure Rules imply that a person who does not Reply to the Defence is deemed not to have admitted any matters raised but if you do file a Reply and fail to deal with any allegations set out in the defence then it will be taken that you have to prove those allegations are not true. To avoid this, you would usually see in your first paragraph something along the lines of the following:

"The Claimant joins issue with the Defence except in so far as it consists of any admissions below."

The above sentence operates as a blanked denial of the allegations in the Defence unless you have explicitly admitted to them in your Reply. This is why it is important to think about whether you actually need to file a Reply. Obviously if you ran out of space on the MCOL form you actually have the option before submitting it to tick the box which says that you will file and serve detailed particulars within 14 days. That way you can actually set out your claim in more detail, but you can't do that now you can only amend your particulars by way of application to the court.

As a drafting point following the phrase above (which would be paragraph 1), you do not need to say "Defence" in every paragraph. For example, paragraph two could say something like "The Claimant denies paragraph 14 of the Defence." Then on the next paragraph you could say the following "As to paragraph 17 ..." and so on and so forth.

[Legalligator]

Thanks for the really helpful replies. In the MCOL claim, I gave the correct legal grounds I was relying on and the precise sum of money owed.

Their defence disputes the applicability of the legal grounds, and argues that, even if money is owed, the standard rate of interest doesn't apply.

So I wouldn't be raising new grounds in my reply, just explaining why they're wrong to argue it doesn't apply. Is it easiest just to leave that to the hearing rather than include a reply now? Otherwise, can I file a skeleton argument ahead of the hearing to advance my case if I just return the DQ now?