Defence

Once the claim is made, the defendant has a fixed period to respond. Generally 21 days.

In group actions, this may well be extended by agreement as the defendant will want time to address all the issues properly. They should have been made aware of them during the pre action correspondence phase, but it is common for defendants to throw everything including the kitchen sink at the Defence. From the defendant’s point of view, this achieves two things: it enables the Defence to be as robust as possible and it also lets the claimants know that the dispute is going to be expensive. With potential exposure to pay the winner’s costs, Defendants will normally want to scare the claimant.

TYPICAL TIMESCALE – TWO MONTHS

 

Step 5: Case Management Conference

 
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