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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Does the reply to defence have to be in any specific format?

Resolved Question:

Hi, does the reply to defence have to be in any specific format? I'd rather not readdress every point in the defence of POC as it's mainly a string of denials, without substance.
Should I be including all my evidence at this point in terms of documents etc. Don't want to swamp the judge with my reply.
The defendant filed a defence but also swamped the court with documents, mostly irrelevant and contradictory, which I believe is an attempt to overwhelm the process. My instinct is to concisely demonstrate that the documents are inaccurate and misleading and that the defence is inadequate.
He didn't issue a counterclaim but has asked for the case to be dismissed as he's demonstrated he is out of pocket to toll of c. £2,000.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Have you been asked to provide a reply to defence?Alex
Customer: replied 1 year ago.
Hi Alex, no I've just been sent a copy of the defence by the defendant, which was in response to amended POC. from what I can see in the civil procedures the next step is to respond but perhaps I have to wait to be asked. The temptation is to address the defences inaccuracies immediately. They didn't just deal with the POC but sent a wealth of irrelevant paperwork. It would be relatively simple for me to debunk the defence but not sure if this is the right time. Thanks, Ben
Expert:  Ash replied 1 year ago.
Thanks Ben. You are not required to file a reply to defence and generally people do not unless the Court orders them to do so.So no, you dont need to respond and I wouldnt bother. The next step would be DQ's and you can say to the Judge in any other information that the defence doesnt deal with the issues etc.The Court can then order an amended defenceCan I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
Thanks Alex, that's perfect. Many thanks, Ben