151 Defence: personal injury
151 Defence: personal injury
Atkin's Court Forms > Court System and Claims Procedure Vols 14(1), (2) > Forms > J:
RESPONSE PACK, ACKNOWLEDGMENT OF SERVICE, DEFENCE AND REPLY > 3: DEFENCES
[551]
ACF 14(2): 11/2022
Claim No. [number]
IN THE COUNTY COURT AT [location]
[BUSINESS AND PROPERTY WORK]
[name] Claimant
and
[name] Ltd Defendant
DEFENCE
1.
The Defendant in this Defence adopts the abbreviations used in the Particulars of Claim.
2.
The Defendant admits that it is the owner of the garage described in Paragraph 1 of the Particulars of Claim.
3.
The Defendant denies that the Claimant was employed by the Defendant; it is the Defendant’s case that the
Claimant was, at the relevant time, self-employed.
4.
The Defendant denies that PUWER and WHSWR have any relevance to this claim (because it did not employ
the Claimant).
5.
The accident did not happen as described in Paragraph 2 of the Particulars of Claim but when the Claimant
walked backwards and tripped over a hose, he was at the time talking to the tanker driver Mr [name].
6.
The Defendant will contend that it has not been negligent [or in breach of statutory duty] and will contend:
6.1
even if, which is denied, the Claimant fell down the hole, it was not reasonable or practicable to put a
barrier in front of the recess whilst it was in use;
6.2
[set out here all the contentions which the defendant will make in defence of the claim].
7.
Further, and in the alternative, the accident was caused or contributed to by the negligence of the Claimant.
PARTICULARS OF [CONTRIBUTORY] NEGLIGENCE
7.1
the Claimant stepped backwards without looking and tripped over a hose;
7.2
the Claimant failed to take care of his own safety;
7.3
[set out here in separate paragraphs individual allegations of contributory negligence against the claimant].
CLAIMANT’S INJURIES
8.
[The Defendant admits the particulars of injury set out in Paragraph 4 of the Particulars of Claim but not the
[breach of statutory duty and/or] negligence claimed.
OR
9.
The Defendant admits the Claimant’s date of birth but disputes the particulars of injury set out in Paragraph 4 of
the Particulars of Claim and the [breach of statutory duty and/or] negligence claimed. The Defendant will rely on
the orthopaedic evidence of [name], a copy of which is served with this Defence and which states [summarise
the findings of the alternative expert].
OR
10.
The Defendant neither agrees nor disputes but has no knowledge of [the matters set out in the medical report
OR the Claimant’s date of birth].]
CLAIMANT’S PARTICULARS OF LOSS AND DAMAGE
11.
See attached counter-schedule.
[signature of legal representative]
Dated [date]
Statement of Truth
[I believe OR The Defendant believes] that the facts stated in this Defence are true. [I understand OR The
Defendant understands] that proceedings for contempt of court may be brought against anyone who makes, or
causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its
truth.
[I am authorised by the Defendant to sign this Statement.]
Full name [name]
[Name of Defendant’s legal representative’s firm [name]]
[signature]
[Defendant OR Defendant’s Legal Representative]
[Position or office held [give details if signing on behalf of firm or company]]
[Defendant’s date of birth [if an individual] [date]]
Address for receiving documents
[name and address of defendant or defendant’s legal representatives]
End of Document
