CPR compliant defences

[Noah]

I read many different consumer sites , some I know really are delusional , for example get out of debt free. All the different websites seem to use different defences and I know that can use one that they say is CPR compliant where others are not .

My question is
Are the CPR rules for how a defence should be set out and if so where are they written. I have tried to read various rules but they are all written in legalese which just confuses me.

[Amethyst]

Re: CPR compliant defences

CPR 15 and 16 - and the attached practice directions. I'll get the text for you xxx

[R0b]

Re: CPR compliant defences

Your starting point is the CPR, particularly Rules 16.5 which explains the contents of the defence here https://www.justice.gov.uk/courts/pr...es/part16#16.5

There are some formal requirements which you need to set out such as the heading at the top (Name of Claimant and Defendant and what court it is etc.) and title (Defence)

You would then normally set out your defence, whether it is denied, admitted in part or non-admission and there are differences between those. A denial means you will bring evidence to the court to prove it is wrong whereas a non-admission means you require them to prove it, so choose your words wisely. If you partially admit in your defence then you will be bound by it and cannot retract your partial admission.

You would normally set out each point in numbered paragraphs usually addressing the same points as the particulars of claim. If there is no particulars of claim from the claimant then you address the allegations in turn. Take a look at the following website towards the bottom to give you a starting point http://www.compactlaw.co.uk/free-leg...ims-court.html

[Amethyst]

Re: CPR compliant defences

Pd 16

general

10.1 rule 16.5 deals with the contents of the defence.
10.2 a defendant should deal with every allegation in accordance with rule 16.5(1) and (2).
10.3 rule 16.5(3), (4) and (5) sets out the consequences of not dealing with an allegation.
10.4 where the defendant is an individual, and the claim form does not contain an address at which he resides or carries on business, or contains an incorrect address, the defendant must provide such an address in the defence.
10.5 where the defendant’s address for service is not where he resides or carries on business, he must still provide the address required by paragraph 10.4.
10.6 any address which is provided for the purpose of these provisions must include a postcode, unless the court orders otherwise. Postcode information may be obtained from www.royalmail.com or the royal mail address management guide.
10.7 where a defendant to a claim or counterclaim is an individual, he must provide his date of birth (if known) in the acknowledgment of service, admission, defence, defence and counterclaim, reply or other response.
back to top
statement of truth

11.1 part 22 requires a defence to be verified by a statement of truth.
11.2 the form of the statement of truth is as follows:
‘[i believe][the defendant believes] that the facts stated in the defence are true.’
11.3 attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.

cpr 16

content of defence

16.5
(1) in his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
(2) where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) a defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
(4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5) subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6) if the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) if the defendant is defending in a representative capacity, he must state what that capacity is.
(8) if the defendant has not filed an acknowledgment of service under part 10, the defendant must give an address for service.
(part 22 requires a defence to be verified by a statement of truth)
(rule 6.23 makes provision in relation to addresses for service.)

[mystery1]

Re: CPR compliant defences

https://www.justice.gov.uk/courts/pr...l/rules/part15

15.2 A defendant who wishes to defend all or part of a claim must file a defence. Pretty obvious.

15.3 If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it. If you don't enter a defence you're fecked.

15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)
(2) The general rule is subject to the following rules –
(a) rule 6.35 (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);
(b) rule 11 (which provides that, where the defendant makes an application disputing the court’s jurisdiction, the defendant need not file a defence before the hearing);
(c) rule 24.4(2) (which provides that, if the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the summary judgment hearing); and
(d) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule). 14 days to enter a defence and 14 more if you file acknowledgement of service.


Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Nothing complicated here.


Service of copy of defence
15.6 A copy of the defence must be served on every other party.
(Part 16 sets out what a defence must contain) Send a copy to the court who send it to the claimant.



Making a counterclaim
15.7 Part 20 applies to a defendant who wishes to make a counterclaim. Probably not ?

No statement of case after a reply to be filed without court’s permission
15.9 A party may not file or serve any statement of case after a reply without the permission of the court. Once you send your defence, if the claimant send a written response it's a pain to amend your defence so get it right the 1st time !



https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15/pd_part15

Statement of truth
2.1 Part 22 requires a defence to be verified by a statement of truth.
2.2 The form of the statement of truth is as follows:
‘[I believe][the defendant believes] that the facts stated in this defence are true.’
2.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.
(For information about statements of truth see Part 22 and Practice Direction 22.)
If what you say in your defence is untrue it's serious. Don't do it.




https://www.justice.gov.uk/courts/pr...l/rules/part16

Content of defence
16.5
(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, he must state what that capacity is.
(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth)
(Rule 6.23 makes provision in relation to addresses for service.)


https://www.justice.gov.uk/courts/pr...6/pd_part16#II

Most of this is not going to apply but it depends on the type of case.

M1

[mystery1]

Re: CPR compliant defences

https://civillitigationbrief.wordpre...se-considered/

https://civillitigationbrief.wordpre...nial-explored/

https://civillitigationbrief.wordpre...ases-reviewed/

Great reading but if you hate legal speak maybe not so much. Worth a try though.

M1

[Noah]

Re: CPR compliant defences

Thank you for the time and effort taken to post

Sorry for the delay , for some reason most (but not all) of the emails from LB are being directed to junk

I think I could make a pretty good stab at writing a compliant defence now

My feeling about different forums claiming that there's is the only way is more to do with willy waving than anything else