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In short, the statement of defence is how you defend against liability for a legal claim. It should typically include relevant details and deny the allegations made against you in the statement of claim.
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
Failing to respond to a complaint usually results in the court awarding a default judgment to the plaintiff. It can be challenging to convince the court to set aside a default judgment, and a judgment can have a significant impact on your financial stability.
A claimant starts legal proceedings with a claim form and particulars of claim. The defendant answers the case of the claimant pleaded in the particulars of claim in the defence. The claimant then has an opportunity to answer the case of the defendant, by filing a reply to defence, or a "reply".
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
What should be included in a counterclaim? A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.