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Issuing Claims Defence Notes

LPC Law Notes > Personal Injury and Clinical Negligence Notes

This is an extract of our Issuing Claims Defence document, which we sell as part of our Personal Injury and Clinical Negligence Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Personal Injury and Clinical Negligence Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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-

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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