Example of a Defence Statement
If you dispute a claim, you must give reasons, i.e. your alternative version of the most important facts. A better defense would be: you have little time to prepare your defense, and many of the allegations in the complaint may be beyond your knowledge at this point. You can choose the third option for these charges – non-admission. For example, completing an erroneous written defence has the effect of completing the following; The court may order the defendant to remedy any defect and to resubmit the written defence. A written defence may become vicious if it violates the relevant provisions of the Oral Arguments Act. For example, if the written statement does not include a verification clause. There may also be certain types of objections that you need to specify in detail, such as: the means of performance of the contract, contributory negligence or waiver (to name a few). Review UCPR Rule 150 to ensure there are no other issues you need to raise specifically for your defense. A written statement of defence is a written statement by a defendant formally acknowledging or disputing the facts on which the plaintiff`s claim is based and the essential facts on which the defendant intends to rely in defending against the claim. In very simple terms, WSD is a response to complaint 17.
On the premises and on the basis of the written defence in the above statement, the amount claimed and the applicant`s other claims and/or appeals at the end of the application are unfounded and must be dismissed in their entirety, the applicant being ordered to pay the costs. If you feel that you need to provide other important facts to properly present your defense, simply add additional numbered paragraphs at the end of your defense. This must include all the essential facts that you will rely on to defend the claim in court that you have not already included. You must not surprise the other party to the trial – all important facts you want to rely on must be included in your defence (UCRP Rule 149). For example: Again, you must provide a reason why the charge is not allowed. If you have not yet completed your investigation, you are required to initiate the investigation into the allegation and you must amend your defence in due course to clarify your position. You have 28 days from the date the claim was served on you to file your claim. This may seem like a long time. However, your defense may be the most important court document you write in the proceedings, so you should start preparing as soon as possible to make sure there is enough time to get the advice or support you need. If you wish to defend the claim, you must complete two court forms: 2. The content of paragraph 3 of the application is contested and the applicant is strictly proven.
The respondent wishes to emphasize that ………. 6. Apart from the foregoing, the defendant denies any allegation in the claim as if the same had been stated here and specifically conveyed Keep your intention to defend and your defense together – these 2 documents together form your defense. 3. Save it………………….. The content of paragraph 4 is rejected. Furthermore, the defendant denies that ……………. The applicant is presented with strict evidence. If you do not respond to an allegation, the court may assume that you have admitted the allegation, so it is important to ensure that you have responded to all allegations (UCPR Rule 166). 3.
This paragraph 3 is partly noted and partly disputed. The defendant argues that the plaintiff has no claim against the defendant and that the defendant has never caused harm to the plaintiff`s business. The applicant is presented with strict evidence to support his allegations. At the same time, you should also be concise – your defense should be as brief as the most important facts allow. If your defence is unreasonably long, it could make the process long and difficult to defend, or you might find parts of your defence “suppressed”. Rule 149 of the UCPR contains additional information. The aforementioned defendant explains in its response to the lawsuit as follows: You can often admit many of the allegations in a statement of claim and still write a successful defense. 2.
That the content of paragraph 2 of the application is partly noted and partly contested. The defendant declares that under the following conditions: The District and its address for service for the purposes of this action are in the custody of Xyz ATTORNEYS …………….., 22nd Floor P.O.Box ……….. More information on the Defence Memorandum of Understanding can be found in Chapter 5 of the UCPR.
