Defending A Claim
If you have received a claim against you, it is likely you cannot simply sit back.
You must take action and quickly.
You have a choice whether to defend the claim in it’s entirety (if you don’t believe the
case against you is correct), defend the claim on a limited basis (where
you agree with some of the claim against you but not all of it)
or you may in fact agree that the claim against you is a correct one.
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You MUST acknowledge the Letter of Claim within 14 days as failure to do so gives the Claimant the right to apply for Judgement in Default. If successful, this means they will have proved the claim against you without any further court proceedings.
If this has happened to you, you can apply to have the judgment set aside so you have the opportunity to defence but there are no guarantees.
Once you have acknowledged the Letter of Claim you have a further 14 days in which to respond to the claim.
Within 14 days, you must either:
1. Admit the claim (in part or in full)
2. Defend the claim (in part or in full) or
3. File an acknowledgment of service.
If the Defendant admits the claim (or part of it) and requires time to pay the amount claimed for, he must serve details of his assets, income and outgoings. This is then sent to the Claimant who is entitled to raise objections.
If the Defendant decides to serve a defence, it must be done within 14 days. If the Defendant denies the claim (or part of it), they must give a detailed explanation for his reasoning.
If the Defendant serves an acknowledgement of service within 14 days, he will then have 28 days to serve a defence.
If you admit the claim (or part of it) and requires time to either pay the amount claimed or make arrangements to XXXX, then you must serve details of your assets, income and outgoings to the court. This is then sent to the Claimant who is entitled to raise objections.
If you decide to defend the claim, in whole or in part, for whatever reason, you MUST serve a defence within 14 days. Your defence is a written document setting out why you do not believe the claim against you is made out and what your defence to that claim is.
If you fail to complete any of the above, the Claimant will then be able to obtain default judgment. If this has happened to you, you can apply to have the judgment set aside so you have the opportunity to defence but there are no guarantees.
The most common defences include:
1. Procedural defences:
– Court does not have jurisdiction (not this country)
– Claim is outside the limitation period.
2. Defence to cause of action:
– Claim does not actually detail a cause of action
– On the evidence, the cause of action is not proven on the balance of probabilities
– That, on the grounds of the defence, the Defendant is cleared from liability.
the claim is completely made up
3. Claim for damages:
– Claim form does not set out all required elements
– Loss was not caused by the Defendant’s breach
– Loss was not foreseeable
– Claimant has failed to ease his loss
– Claimant was also negligent and contributed to his loss.
This is just an outline of what the most common defences that may be raised. If you have had a Claim Form served on you and require some assistance with defending a claim, then please do not hesitate to contact us.
Expert help defending against claims
Hello, I am Adam Cresswell and I am the Head of Seatons Solicitors Civil Litigation Department.
We are specialists in Civil Litigation matters. Dealing with a dispute, whether it is small or large, can be a particularly stressful experience, especially if you are unsure about the costs and procedures involved. Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.
Contact us for a free no obligation initial chat.
If you have a Civil Litigation matter and are thinking about pursuing it then please call us.
All you need do is simply pick up the phone and give us a call on 01536 276300 or use our online enquiry form and we can take things from there.