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May I confirm you have drafted a full statement of claim please setting out the basis of your heads of claim in full please and this is what you are waiting on for a response?
thank you. In relation to any claims you make, the burden of proof ordinarily would be upon you to evidence any such claims. Once you have evidenced any claims you raise it is then for the other party to dispute those claims. Where you have sustained a claim on a "prima facie" basis (this means you have provided sufficient evidence so that the court will accept the position unless proven otherwise) then it is for the other party to reduce sufficient evidence to disprove the claim. Where you have failed to make a prima facie case then the court may dismiss that element of claim on its own initiative even if the other party is not able to adduce satisfactory evidence to disprove what you say in that respect.
Therefore, if the other party is not able to respond fully to all the claims you raise, the consequence of them will depend upon whether you have made a prima facie case in respect of that element or not.
If the other party wishes to make a counterclaim against you, this must be issued as a formal counterclaim. It is not possible to make counterclaims within their defence without issuing a formal counterclaim on the point and paying the requisite court issue fee
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