Statements Of Case

Further statements of case in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]

Defence

If no defence has been served prior to the first case management conference, then (except in cases where judgment in default is appropriate) the Technology and Construction Court will usually make an order for service of the defence within a specified period. The defendant must plead its positive case. Bare denials and non-admissions are, save in exceptional circumstances, unacceptable.

Further Information

If the defendant wants to request further information of the Particulars of Claim, the request should, if possible, be formulated prior to the first case management conference, so that it can be considered on that occasion. All requests for further information should be kept within reasonable limits, and concentrate on the important parts of the case.

Reply

A reply to the defence is not always necessary. However, where the defendant has raised a positive defence on a particular issue, it may be appropriate for the claimant to set out in a reply how it answers such a defence. If the defendant makes a counterclaim, the claimant’s defence to counterclaim and its reply (if any) should be in the same document.

Additional or Part 20 Claims

The defendant should, at the first case management conference, indicate (so far as possible) any additional (Part 20) claims that it is proposing to make, whether against the claimant or any other party. Additional (Part 20) claims are required to be pleaded in the same detail as the original claim. They are a very common feature of Technology and Construction Court cases, because the widespread use of sub-contractors in the UK construction industry often makes it necessary to pass claims down a contractual chain. Defendants are encouraged to start any necessary Part 20 proceedings to join additional parties as soon as possible. It is undesirable for applications to join additional defendants to be made late in the proceedings.

Costs

If at any stage the judge considers that the way in which the case has been pleaded, particularly through the inclusion of extensive irrelevant material or obscurity, is likely to lead or has led to inefficiency in the conduct of the proceedings or to unnecessary time or costs being spent, the judge may order that the party should re-plead the whole or part of the case and may make a costs order disallowing costs or ordering costs to be paid, either on the basis of a summary assessment or by giving a direction to the costs judge as to what costs should be disallowed or paid on a detailed assessment: see also paragraph 5.1.6 above and paragraph 12.1.4 below.