Response to defence

[stevesolo]

I wonder if anyone can help. I can't find a simple answer online.

I have issued a County Court claim against a client for unpaid invoices. This was after many attempts to solve the issue amicably. The other party has filed a rather spurious defence. How long do I have to reply to the defence if I still want to proceed with the action?

Thanks in anticipation.

 

[Lisa Thomas]

https://www.gov.uk/make-court-claim-for-money/after-you-make-your-claim

This link seems to read that the Court will decide whether or not it requires a response/further information from you to be able to reach a decision.

 

[Newchodge]

You don't have to do anything, other than prepare your witness statements and bundle of documents in preparation for the hearing, unless the court asks for additional information.

Your witness statements will have to address all the points in your claim and all the points in their defence. So, for example, ' we supplied the goods on 21 January 2015 and invoiced the defendant for the amount of £xxx on the same date (see document1). The defendant emailed to tell us that the goods were exactly what they wanted on 25 January 2015 (see document 2). It is, therefore not accurate for the defendant to claim, in para x of their defence, that they never received the goods'. Etc etc.

 

[smallclaimsassistance]

Cyndy is correct in that you don't have to do anything, However, if you want to respond to the defence, Civil Procedure Rule 15.8 gives you the option of doing so. In your case, this may be worthwhile doing.

A formal Reply to Defence is useful in addressing allegations or statements of fact (or law for that matter) made in a defence, which your Claim Form (or Particulars of Claim) don't already address.

This must be filed at court before "Close of Pleadings" (in English, provided you get it in within a couple of weeks of receiving the defence, and certainly before you receive directions from the court, you should be fine).

If you want further help, let me know.

Dean

 

[stevesolo]

Thank you very much for your answers. I will make sure I am armed with all the necessary information!