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Legality of Defence and statement of truth

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  • Legality of Defence and statement of truth

    Several defendants, each has submitted to the court an identical defence, although they are "bare defences". But this defence has been manufactured by just 2 defendants (husband & Wife) as the other defendants admitted they did not know what to do with the claim form and reply pack.

    The questions are

    1 is it legal for someone else to manufacture a defendant defence
    2 is it legal from the prospect of the " Statement of truth" as they have no knowledge of what the defence contains.
    Tags: None

  • #2
    These are things that you may wish to bring out in cross examination. It is the opinion of the judge on these things that will count.

    In the meantime I suggest that you concentrate on your case, and establishing the things that you will need to prove.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      atticus

      My friends had an interim hearing which seems to have turned into a bit of a mess. They were so confused that they could not remember all of what the judge said. (I am going to request transcript)

      The main thing that they did manage to remember was that they had issued a part 7 claim, Yet the court sent them Part 8 reply forms, that is the reason that the part 7 replies never arrived. surely this is a fault of the court office, are there any remedies for this. The judge has stayed the case for 3 months to allow for ADR. and a further 14 days on expiry of the stay to amend their claim.

      Comment


      • #4
        Sorry my fault I should have said: Yet the court sent the defendants part 8 reply forms

        Comment


        • #5
          Your friend may wish to take this up with the court. The complaint process can be found online.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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