How do I draft a defence? UK General Litigation & Small Claims
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- čas přidán 8. 04. 2019
- Are you a litigant in person, running your own case?
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In this detailed vlog I go through, with examples, how to draft a defence if you are a litigant-in-person. You can get a lawyer to do this, of course, but if it is not a complex area of law and the cause of action is reasonably straightforward, why not do it yourself? You can always then approach a law firm to review what you have done and so save money whilst also having confidence that your statements of case are really tightly and properly drafted. Getting it right on paper first is absolutely key in the county court system of England & Wales so... get it right! (And don't end up on the wrong end of a strike-out application.)
Links to CPR:
www.justice.gov.uk/courts/pro...
www.justice.gov.uk/courts/pro...
How to draft your defence
general tips and points
put only relevant points
at the end summarise your points
give your point of view and address the problems
There are steps you need to follow
How you need to structure your response
What you need to address
Real life example
Detailed explanation
You need to address every point of their claim
Make sure everything you say is accurate and factual
Tips to counterclaim
General Litigation in the UK
Tips on claims
i cant understand why there are not hundreds of videos like this available on CZcams for the UK. This is perfect. its like talking to a friend in a cafe, its like a 30 min consultation with a solicitor. My first lunch with a Public prosecutor in a criminal matter was just like this (lost btw). Ive subscribed...and also will steal this Presentation formulae for my videos. Its perfect from start to finish. Thank you
Thank you for these generous words. It really does make a difference. We are all human and need encouragement, as vlogging does seem sometimes like a rather speculative activity and you never know what is sticking and what not.
I suspect the answer to that question, which I myself have often asked, is that lawyers like the idea of it but are not convinced that they can earn money from it and when they try it they realise how much time it is going to take, away from billing their cases.
They might be right. It takes a long, long time to speak fluidly and naturally on video and this is a work in progress for me. Preparing and editing one of these videos themselves takes a whole day, believe it or not. Even though there is a need, lawyers do not see it as a profitable endeavour. It has taken me around 10 years to start to generate a decent income from vlogging on CZcams.
thanks great stuff. love the background chilling environment too:)
Thanks for your simple way of explaining the procedures and what is advised at each point of the Claim to get the support of the Judge
Glad it was helpful!
Bravo, sir, very interesting and informative video! We know that we have a strong defence case and lots of evidence but never been dealing with courts so feeling nervous of all the rules and procedures. Going to order your “flight instructions”! Getting an odd feeling that with a friendly guidance this defence business could be curiously satisfying. Always loved chess... Thank you very much indeed, at least we’ve stopped panicking now and that’s a good thing!
Thank you and good luck with your case! Thanks, RL Team
Very useful information. Thank you
Good video took away lots of good points
Thanks very much for your information, you have helped me out a lot!
Wish you the best!
Such a good video. Thanks so much, it helped me a lot.
Glad to hear we have helped!
Very helpful! thank you
Very informative. Thanks.
You are welcome :)
Very helpful and clear thank you
You are welcome!
Thank you, very much Sir. It is really helpful. you should add a donation section, some people will surely pay for the help.
Thank you! Or they can buy the book and get more help for a bargain! Check it out here: www.amazon.co.uk/Flying-Solo-Representing-Yourself-County-ebook/dp/B0865T2JZC/ref=sr_1_1?_encoding=UTF8&keywords=flying+solo%3A+representing+yourself+in+the+uk+county+court&qid=1585085088&s=digital-text&sr=1-1.
Yes, buying the book really helps us - it is a new book and we need reviews as these are very important.
The same technique can be used for a reply to the defence.😇
I turned up at my property with paperwork sellotaped to my gate explaining that I had court for the next day
Please feel free to email us at hello@courtwingman.com if you require assistance
@@RedwoodLegal how much would it cost to make a defence against a summery judgement
Hi Daza, we tend to offer one hour legal surgery at £150, to begin with. This is something most clients benefit from as it gives them the information they need. If you need a full document drafting, then please email us all of the documents and we can give a quote. Thank you!
@@daza5775 you really do need a one hour surgery so we can get a handle on it all. It is such a piece of string question - how big or complex is the case. It could be a 1k small claim you could fit onto one piece of paper, it could be a complex case of over £10,000 that could need a proper defence of 10 or more pages. Most smallish work we manage to do for 3 or 5 hours at £150 an hour. You probably need some legals help, here, because you will need to argue the law on why it is summary judgment should not be given.
Great video again
RECAP4ME
-C issues Claim form to D via court
-Court form has Issue date X (important date)
-D responds with
-AckOfSvc to court claim form to extend response for defence from 14days to 28days
-defence :
(for overall claim) admit all / deny all / part admit debt
(defence per claim point) : admit point / deny point / put to proof point (not admit not deny just ask for proof of claim)
- BE CONSISE : D to use bullet points to their claim points
- BE COMPLETE : D must address each claim point otherwise judge assumes u admit point (are liable on point)
- NO EVIDENCE WITH DEFENCE : D to create narrative for judge, dont include evidence till later ( WITNESS STATEMENTS stage)
-claimant pleads ABC
-defendant pleads DEF
-defendant can plead the alternative...eg "in the alternative this is what happened"
-INCLUDE SECTION : PREACTION & ADR
-INCLUDE FINAL STATEMENT OF TRUTH & SIGNATURE : "I believe that the facts stated in the defence are true. Signed xxx. Printed name xxx"
Exactly! Best of luck! If you're after more templates and guidance for the first stages, make sure to check out our books for sale on our website: - courtwingman.com/shop/
So am i right in assuming that you DO NOT submit any evidence such as emails or whatsapp messages etc in your defence? Thank you :)
This video is very helpful. Are you providing assistance at the minute?
Absolutely. We are online and paperless and the current situation has made no difference to us. Please email info@redwoodlegal.co.uk. Both myself and Daria, my associate solicitor, routinely check this inbox, daily.
Thank you SO much this is VERY useful to hear as its said in an easy-to-understand way. The claim I have against me is for about 20 points - a lot of which are similar. I have a few questions for you:
1. I want to tell the story and I believe a witness statement is the way to do this. Can I refer to the W.S. in the defence and counterclaim? Should I submit the W.S. with the D&C?
2. Do I need to give the claimants solicitor everything? (He didn't give me anything apart from an email to say that he's applying to the court now)
3. Do I need to respond to every point, i.e. points 5, 8, and 12 are denied because... (as this makes it long, and like you said, it will look tedious to the judge).
4. Do I need to file an N9B form with the counterclaim (as it is for money, too) or... essentially I want to say that the deposit should be sent to the TDS (as I didn't register it properly) and not to me so maybe I don't need to counterclaim for money/do the N9B form?
5. Can I request to cap costs or omit the claim completely, or does the court decide this at their discretion?
I would need to charge you to answer these! But thank you for the comment and I note that you have laid things out clearly which is a good sign for an LIP. You will appreciate a lot of free time goes into these videos and I just do not have time to answer questions - yours especially would need goodly time to go away and research. If I can suggest you email hello@courtwingman.com and book a one hour surgery? £150 no vat.
Super video, so please tell me if you can, is the particulars of claim the main part of a claim as far as the judge is concerned? I ask this as the claimant has provided a particulars of claim, and each allegation has been defended, yet it is still being allowed to go through the system.? A claimant is allowed to claim up to £10k and not a scrap of evidence is required from him at outset, causing us as a small business un necessary stress and time, building our defence. etc.think it is all wrong, makes a mockery out of our judiciary system, especially if you can prove without a shadow of doubt you have done nothing wrong yet no one asks you to prove it, instead you go through a panful process..
No, you do not introduce ANY evidence at the outset - that comes later in disclosure and witness statements.The statements of case just lay out your story. The particulars is the main part, yes, and your defence is the other main part.
How can I get in touch with you?
Can you make a small claim for emotional and sexual abuse in the UK? To recover a token to be symbolic of the abuse you went through, and to help you pay for counselling and medication
Very unlikely that any court would allocate such a claim to small claims track I would have thought
@@RedwoodLegal What would you suggest if your reason for claiming a small amount is in order to keep your own court fees low?
@@ciara2565 you have to be careful about deliberating making a claim low to bring it into the small claims - I have had many cases where the opponent applied to have it re-allocated or forced the claimant to pay their costs for amending the claim. Do not do it. But of course your claim is a serious allegation - you have to get legal help with it Ciara. If you cannot afford the legal help, then really it is not a claim worth bringing. Pick your battles in life. Civil courts are not about making things fair - they are just about awarding financial loss.
@@RedwoodLegal Thank you for your advice - I appreciate your response a lot. It's a shame because the Criminal Justice System has failed me (as it does with 99% of victims), so I was thinking of launching a small civil claim to get some accountability and to pay for counselling, but knowing my luck it would get reallocated and I would be exposed to adverse costs. Probably not worth it! Thanks again
@@ciara2565 I can't really finally comment on your case, Ciara - in truth you do need at least a one hour legal surgery, but I do actually applaud people who know, deep down, that probably it is better to pick your battles in life and not just go off on a crusade! You seem to feel clear about your decision, which is good.
Hi, do you offer free initial advice?
A lot of free information is already available on this channel but we do offer legal surgery at a special discounted rate for the litigants in person, thank you, RL Team
@@RedwoodLegal thanks, but I live up north. I appreciate you give a lot of free advice here,which is very useful indeed but of course I want to know if my particular situation could stand up in court. Nobody wants to fork out for legal advice to be told their case has no legs.
@@Fallen_Venus Sorry for delay, Eudora, hope you have mad progress: yes, we have been finding a legal surgery of one hour £150 + VAT can work well. We can review a particulars of claim - if it is not too long - during such calls on Skype or if you email in during the call. We are also thinking of setting up a weekly radio show, legal surgery for general questions.
First
Just a quick note to one and all since summary judgment and strike-out comes up a lot at this time of year! I think it is something to do with cunning lawyers using the holiday period to get the jump on opponents who having gone to sleep over xmas dinner and not woken up until January. You should really consider legal help for these hearings. Why do I say this? Because you need to be able to argue why the criteria in the CPR are not met and it is difficult to argue this without legal experience and often reference to other case law. Take summary judgment: go to CPR 23.4.2, just google it, and then come back here. Do you see how criteria are laid out? "No real prospect ... and no compelling reason." And do not forget the last bit in which a part of a claim or defence can be struck out. (So the rest can continue.) You need to file and serve a witness statement and exhibit evidence.
The other reason why it is worth getting legal advice is because you may win the hearing BUT lose the costs battle and I often see defendants and claimants come to us with a court order that says "14 days to file and serve an amended defence / particulars of claim or the claim will be struck out, and costs of the application awarded of £1,600, payable within 14 days." Suddenly you can find yourself with a large costs bill. In this area it can all get a bit technical, and this is why it is one of those moments where getting advice can really help save you money. It is often about damage limitation. Acting early is also key as the other side could build up a big costs bill prior to the hearing itself.
Rather than end up on the wrong end of a hearing, you should think about taking a look at your defence or particulars and if it really is not up to scratch then get it amended and ask the other side to agree to the amendment, so you do not end up with a costs bill, post-hearing. This could include an expensive barrister's fee!