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Hello my name is ***** ***** I will help you with this.
As long as both Defendants sign the proceedings then yes it can be used by both.
But if not, then each Defendant needs to file a defence.
But they both need to sign in order that is it relied upon by both
Can I clarify anything for you about this today please?
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?
Yes that is correct.
They will both need to sign statement of truth
I would also have a statement at paragraph 1 that says both Defendants are seeking to jointly rely on the same defence document
Does that help?
Thank you, yes.
Great. Can I help with anything else today?
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.
Sadly therefore the person that can't sign WILL have to file their own defence.
An unsigned defence is unlikely to be accepted.
Can I clarify anything else?
So if there are two defences filed can one say that they are relying on the defence of the other defendant?
If they have signed a statement of truth on their own defence yes
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?
I would say and seek to rely upon the defence by (name) co-Def.
Statement of truth at the end, yes
Is that ok?
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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?
Does that clarify for you?
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?
They need to file a defence in their own right.
If they can't attend then the Judge will consider their defence on the papers.
Clearly it makes their case weaker as the Claimant is entitled to cross examine the Defendant and the Judge may have questions
Does that clarify?