Defendant Defence

[helpme25]

Please if a defendant files a defence at the court, are they not meant to serve me or it is the court that will notify me?

[echat11]

The Court should notify you, 'that it is now a Defended Claim'.
But remember Courts take time to do things.

[atticus]

A copy of the defence should be served on the claimant: CPR 15.6.

[Pezza54]

Are you using Online Civil Claims or MCOL?

[Pezza54]

CPR 6.21 (1) "A party to proceedings will serve a document which that party has prepared except where:-"
(a) a rule or practice direction provides the court to serve or (b) the court orders otherwise

Following cpr 15.6 and 6.21 the defendant serves the defence on the claimant

MCOL Guidance though, states the court will send a copy of the defence to the claimant

[helpme25]

CPR 6.21 (1) "A party to proceedings will serve a document which that party has prepared except where:-"
(a) a rule or practice direction provides the court to serve or (b) the court orders otherwise

Following cpr 15.6 and 6.21 the defendant serves the defence on the claimant

MCOL Guidance though, states the court will send a copy of the defence to the claimant

Thanks a lot. The claim as been moved to manual process by post. I wanted to ask if I need to wait for the court notification before sending a reply to defence or I can. Hoping the defendant shares the defence with me by Monday as I have requested.

[atticus]

I do not see how you can reply to a defence that you have not seen.

NB a Reply is not always needed.

[helpme25]

I do not see how you can reply to a defence that you have not seen.

NB a Reply is not always needed.

I am just asking in advance so I can prepare for my next step.

[Pezza54]

How do you know the defendant has filed a defence with the court?

If after you receive the defence you wish to file a reply to defence, you should return it to the court with your DQ and serve it on the defendant

[helpme25]

How do you know the defendant has filed a defence with the court?

If after you receive the defence you wish to file a reply to defence, you should return it to the court with your DQ and serve it on the defendant

Thanks. I called the court.

[JK2054]

I'd steer clear of a reply to defence, it is a very pointless exercise that gets you nowhere. The court will serve a copy of the defence. The reality is the Defendant should, but if they don't it really doesnt matter because if the claiant applies for judgement, court record will show defence so it will be rejected.