deny an allegation

Statements of case are court documents which contain statements of fact, and may contain statements of law. Statement of case may be responded to by a defendant by admitting an allegation, not admitting the allegation or denying the allegation. When a party to litigation chooses to deny an allegation, it should properly advance his version of the facts that give rise to the denial.

Some allegations of fact in particulars of claim, counterclaims or replies are not suited to a straightforward denial. It may be that part of the allegation should be admitted where it would be futile not to do so, and then carefully set out the denial in respect to the allegation.

Some allegations are deemed to be denied unless they are admitted. However these instances - such as a failure to deny a sum of damages claimed - are in the minority. Even then, if the sum in dispute and claimed by way of damages is contested, reasons should be given for the denial.

Good pleading of a defence will traverse each and every fact alleged in the court document being responded to. The former practice of including a general denial is disapproved of because it is mandatory to give reasons for denials.

Usage: The defendant elected to deny an allegation of intellectual property infringement in the particulars of claim.

Related Words: admit an allegation; not admit an allegation; statement of case; notice to admit facts; 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.