defence: litigation

The defence in litigation is a document of the defendant that answers or responds to the particulars of claim, which was filed by the claimant with the claim form to commence legal proceedings in English courts.

The defence must state those facts contained in the particulars of claim that the defendant denies, those that he does not admit (or is unable to admit), and those that he admits.

The Civil Procedure Rules do not permit a defendant to give a flat denial to a fact. They must give the reasons (namely, allegations of fact) as to why they deny the particular allegation, and state its own of the facts if it intends to advance one.

Where the defendant fails to respond to an allegation but does not set out their case in respect to the allegation, they are taken to have admitted the matter, unless the fact relates to an allegation pertaining to a sum of money claimed.

When the defendant claims that they are entitled to money from the claimant, they may plead a set off against the claim, ie reduce to the sum claimed by the claimant by the sum said to be owed to them.

The defence must be verified by a statement truth.

The claimant may file a reply dealing with allegations set out in a defence.

Usage: The defence was filed shortly after the acknowledgement of service.

Related Words: pleadings; cause of action; claim form; particulars of claim; counterclaim; reply to defence; defence to counterclaim; reply to defence to counterclaim; request for further information and clarification; Part 18 Request; Part 20 Claim; Civil Procedure Rules.