not admit an allegation

A statement of case is a court document which contains a series of factual allegations. In the event that it would not be appropriate to admit an allegation, a litigant may elect to not admit the allegation with the consequence of forcing the claimant to prove the allegation by evidence. The litigant may also deny the allegation.

In modern litigation, a litigant should "not admit" an allegation where it does not know whether the allegation is true or is not in a position to know by evidence whether the allegation is true.

There is considerable risk of adverse costs orders by putting a claimant to proof of an allegation of fact when the litigant is able to admit or deny the allegation. Not admitting the allegation may well unnecessarily escalate the costs of the opposing party unnecessarily.

Usage: The claimant decided to not admit an allegation in respect to copyright infringement.

Related Words: admit an allegation; deny an allegation; notice to admit facts; statement of case; pleadings; litigation; further or in the alternative; as alleged or at all; in the premises; particulars of claim; defence: litigation; reply to defence; counterclaim; additional claim; request for further information and clarification.