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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A friend is defending a county court claim. There are two

Resolved Question:

A friend is defending a county court claim. There are two defendants. Can one defence be filed for both defendants? The defendants are no longer in a business partnership, but both agree to the defence.
If one defence can be filed is there specific form/wording to be used for such?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

As long as both Defendants sign the proceedings then yes it can be used by both.

Alex Watts :

But if not, then each Defendant needs to file a defence.

Alex Watts :

But they both need to sign in order that is it relied upon by both

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So I take that the form needs both defendants names together with the other required details on the front page and set out for both the sign the statement of truth at the end? Also, can the statement of defence use the term we throughout rather than I?

Alex Watts :

Yes that is correct.

Alex Watts :

They will both need to sign statement of truth

Alex Watts :

I would also have a statement at paragraph 1 that says both Defendants are seeking to jointly rely on the same defence document

Alex Watts :

Does that help?

Customer:

Thank you, yes.

Alex Watts :

Great. Can I help with anything else today?

Customer:

If time does not permit for the signing from both defendants can one defendant file a defence stating that they deny all the claims except where specified in the co-defendant's statement and that they rely on the same defence document? Unfortunately one defendant will be out of the country before the last day for filing.

Alex Watts :

Sadly therefore the person that can't sign WILL have to file their own defence.

Alex Watts :

An unsigned defence is unlikely to be accepted.

Alex Watts :

Can I clarify anything else?

Customer:

So if there are two defences filed can one say that they are relying on the defence of the other defendant?

Alex Watts :

If they have signed a statement of truth on their own defence yes

Alex Watts :

Does that help?

Customer:

The wording should be something like .....I name co-defendant deny all claims and allegations made by the claimant unless expressly admitted in the defence filed by name the co-defendant and rely on this defence for all claims made in this action. The statement of truth comes at the end of the document and is signed?

Alex Watts :

I would say and seek to rely upon the defence by (name) co-Def.

Alex Watts :

Statement of truth at the end, yes

Alex Watts :

Is that ok?

Customer:

Thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

One more thing came to mind. If this case goes to a hearing and one defence is filed jointly, do both or just one of the defendants have to attend?

Alex Watts :

Both

Alex Watts :

Does that clarify for you?

Customer:

Would a letter to the court from one defendant saying that they rely on the joint defence and the co-defendant to present the defence on their behalf if they can not attend be accepted?

Alex Watts :

No.

Alex Watts :

They need to file a defence in their own right.

Alex Watts :

If they can't attend then the Judge will consider their defence on the papers.

Alex Watts :

Clearly it makes their case weaker as the Claimant is entitled to cross examine the Defendant and the Judge may have questions

Alex Watts :

Does that clarify?

Customer:

Thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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