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Legal Practice Course

The document outlines the various options available to a defendant in civil litigation, including entering a defense, admitting claims, acknowledging service, disputing jurisdiction, and making counterclaims. It also highlights the importance of combining certain options to avoid default judgment and categorizes the options as procedural or tactical. Each option corresponds to specific parts of legal rules and procedures.

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2 views1 page

Legal Practice Course

The document outlines the various options available to a defendant in civil litigation, including entering a defense, admitting claims, acknowledging service, disputing jurisdiction, and making counterclaims. It also highlights the importance of combining certain options to avoid default judgment and categorizes the options as procedural or tactical. Each option corresponds to specific parts of legal rules and procedures.

Uploaded by

muirujohn14
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LEGAL PRACTICE COURSE

Civil Litigation
Workshop 6
Answers to Task 2: Defendant’s options

1. Part 16 & PD - Enter a full or partial defence, if so instructed and appropriate on the
facts.

2. Part 14 - Admit all or part of the claim, if so instructed and appropriate on the facts.

3. Part 10 - Acknowledge service of the particulars of claim, the effect of which is to give
D more time to serve a defence.

4. Part 11 - Dispute the court’s jurisdiction, e.g. if proceedings brought in wrong


jurisdiction.

5. Part 20 - Make a counterclaim or other additional claim.

6. Part 24 - Apply for summary judgment (only after serving and filing the
acknowledgement of service or defence).

7. Part 18 - Apply for further information about the particulars of claim.

8. Rule 3.1 - Apply for a stay.

9. Rule 3.4 – Apply to strike out claimant’s claim.

10. Part 36 - Make an offer to settle the claim. This is a tactical move and must also be
combined with an appropriate procedural step to safeguard the defendant’s position.

Note: Some of these options may be combined with another option, whilst some of them
must be combined with another option to avoid the claimant obtaining judgment in default
under CPR Part 12. Some of them are procedural, some of them are tactical.

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