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Response to Defence help needed

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  • Response to Defence help needed

    I obtained a Default Judgement in January against an ex partner. He has recently been successful in getting it set aside (having lied to the court and not supplied a witness statement or evidence of his claimed mental health issue) anyway!! He has submitted his defence now , which is again full of untruths and errors in dates etc. At the hearing to set aside the judge said that I was allowed to respond to his defence. I now want to responde to his defence before anything is decided by the judge. I have searched and searched to try and find what documentation I am required to submit to the court in response to his defence.The CAB have said I need to complete a Directions Questionnaire but Ive looked at the N180 and N181 form but neither seem to indicate its for this purpose. My claim is for a fixed amount under £5000 so should be allocated the small claims route once we get to that stage. Can anyone please help me ? I want to make sure that I am doing everything correctly. Thank you.
    Last edited by NanaJG67; 7th August 2024, 03:37:AM.
    Tags: None

  • #2
    You can file a Reply to the Defence.

    https://www.justice.gov.uk/courts/pr...rules/part15#7

    I recommend that you download and read the guide for LiPs - link in my signature block below.
    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
      Originally posted by atticus View Post
      You can file a Reply to the Defence.

      https://www.justice.gov.uk/courts/pr...rules/part15#7

      I recommend that you download and read the guide for LiPs - link in my signature block below.
      thankyou for your reply. I have already read the document for Litigants in Person and I have trawlled through all the CPR guidance but I can not find anywhere what form I use to respond to a defence that has been submitted after a Default Judgement has been set aside. The judge has not yet made a decision on anything other than it being set aside. The CAB said i use the Directions Questionaire but it doesnt make any reference to responding to the defence in form N180 or N181. I am sure it will be small claims as the amount is below £5000

      Comment


      • #4
        There is no form. you head a document with the claim number, names of the parties and the word "Reply". You then set out your response to the matters set out in the Defence, using numered paragraphs. You date the document and end with a signed statement of truth.

        Read the chapter on statements of case.
        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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