LPC Law Notes > Cambridge/Oxilp/College Of Law LPC Law Notes > Personal Injury and Clinical Negligence Notes
Issuing Claims Defence Notes
This is a sample of our (approximately) 4 page long Issuing Claims Defence notes, which we sell as part of the Personal Injury and Clinical Negligence Notes collection, a Distinction package written at Cambridge/Oxilp/College Of Law in 2014 that contains (approximately) 63 pages of notes across 8 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Issuing Claims Defence Revision
The following is a plain text extract of the PDF sample above, taken from our Personal Injury and Clinical Negligence Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
ISSUING CLAIMS DEFENCE PARTICULARS OF CLAIM
See precedents in file. Who is the defendant Duty of care if required Allegation of negligence/breach Particulars of negligence/breach Allegation of injury, loss, damage Particulars of injury, loss, damage Claimant's age and date of birth Accompanying documents o Schedule of damage o Medical report o Required by CPR Part 16 Mentioning witnesses - optional Summary Date Signature Statement of truth Address for service
DEFENCE See precedents in file for defence. What are the defendant's options?
Acknowledge within a set period Defend within a set period and o Give reasons for denials o Assert a positive case wherever possible Allege contributory negligence where appropriate - it was wholly or partly the claimant's fault Counterclaim under CPR 20.4 Consider additional claims o Claim against additional party o Attempt resolution pre-action o Then issue additional claim form (CPR 20)
Particulars of claim
Additional party to acknowledge/defend in the usual way No need for the court's permission if filed with defence CPR 20.4(2)(a)
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