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.

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Issuing Claims Defence Revision

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ISSUING CLAIMS DEFENCE PARTICULARS OF CLAIM
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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?

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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

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Damages/contribution/indemnity
 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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