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Other side sent in their defence but all the statements are “It is denied that” or “the Defendant cannot plead” without stating why. Do I then respond to them and allow it for a hearing to be scheduled?
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In paragraph 3 of post 3 in your thread started 5 November, you stated you had sent the Reply to Defence to the defendant.
Is this thread about a second claim or the amended particulars of claim in your earlier thread?
A Reply to Defence is not mandatory. You should only reply to points in the defence you completely disagree with. A Reply to Defence should be filed with the DQ -
Hi. It’s about the amended particulars. They’ve now provided a defence.
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no dont file a reply to defence. It is perfectly normal for a defence litigator to put that they deny an allegation or they can't plead it. Can't plead tends to mean they don't know but its up to you to prove. deny means they don't agree and its up to you to prove.
they dont have to give answers as to whyComment
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Where a defendant has a positive case to advance he should say so. Often when a defendant denies something he can put an alternative set of facts or interpretation.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.pdfComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
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