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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28235
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In the high court, I have submitted a claim, and I am

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in the high court, I have submitted a claim, and I am awaiting the defendant's response.
my question is in relation to the defendant's responseif the defendant :
1) does not answer all claims out against them, how is that claim typically viewed by the court?2) creates a list of counterclaims, but does not issue a counterclaim filing, they just add the counterclaims as part of their response. can these be put to one side or do they have to be responded to as well?

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

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?

Customer: replied 8 days ago.
it was a part8 claim

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

Joshua and other Property Law Specialists are ready to help you

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.