Defence Compliant with CPR16

[cejanes]

We filed a defence in a civil case over a year ago. It was amended in response to the claimants amended defence. a month ago . The original format is the same but the claimants solicitors have now applied to the court to have our defence struck out because they say it doesn't comply to CPR16.. We are representing ourselves. Can they do this? they were pushing for us to issue another defence but we know we cannot do this without the permission of the court> they are bully boys!!

[des8]

Re: Defence Compliant with CPR16

Hi and welcome.
Have the claimant's solicitors specified why they believe your defence does not comply with CPR 16?

I suspect this is just a ploy to unsettle you. If you haven't already seen them here are a couple of sites which may or may not reassure you.
http://www.compactlaw.co.uk/free-leg...a-defence.html
http://uk.practicallaw.com/1-204-3083?service=ld

Others more knowledgeable will probably be along later

[cejanes]

Re: Defence Compliant with CPR16

Yes they state CPR16.5 AND CPR 16.8. Under CPR 3.4(2)(A) AND/OR (B) AND/OR C) AND/OR THE COURT'S INHERENT JURISDICTION.
Many thanks for your reply.

[mystery1]

Re: Defence Compliant with CPR16

We filed a defence in a civil case over a year ago. It was amended in response to the claimants amended defence. a month ago . The original format is the same but the claimants solicitors have now applied to the court to have our defence struck out because they say it doesn't comply to CPR16.. We are representing ourselves. Can they do this? they were pushing for us to issue another defence but we know we cannot do this without the permission of the court> they are bully boys!!

Yes they can. Doesn't mean they'll be successful.

http://www.justice.gov.uk/courts/pro...es/part17#17.1

Amendments to statements of case
17.1
(1) A party may amend his statement of case at any time before it has been served on any other party.
(2) If his statement of case has been served, a party may amend it only –
(a) with the written consent of all the other parties; or
(b) with the permission of the court.

M1