Defending claims: The importance of pleading a defence to every point raised (Patel and another v Patel and others – 2019)

Where a defendant does not plead individual defences to every point raised in a claim, can the defence still meet the requirements of the Civil Procedure Rules and satisfy the Court?

The background

In Patel and another v Patel and others [2019], a claim was raised between parties involved in investments in property developments. The claim concerned alleged breaches of a joint venture agreement.

In its defence, the defendant did not plead to individual facts and breaches set out in the particulars of claim. Instead, it was argued that the defence put forward would in its entirely amount to a complete defence to all claims. The second and fourth defendants joined into the action agreed with the first defendant’s defence and did not raise any specific arguments themselves.

The decision

The High Court found in favour of the claimant, concluding that a revised defence must be put forward which addressed all points in the particulars of claim. Referencing the Civil Procedure Rules Part 16.5 (“CPR”), in denying an allegation defendants must:

• state its reasons for doing so, and
• if putting forward a different version of events to the claimant, state its own version.

A defendant cannot rely on a defence which fails to deal with an allegation. Under the CPR, a defendant must state the individual allegations it is unable to admit or deny. In this case, the Court found that the defence did not comply with the CPR and required submission of the revised defence.

Comment & advice 

JB Leitch frequently encounters partial defences in response to our claimant clients’ particulars of claim. This case supports our clients’ position, ensuring that defendants are required to put forward defences which address all claims rather than specific points raised.

It is inequitable for either party to progress a claim through the Courts in circumstances where the CPR are not followed. JB Leitch is keen for all parties to acknowledge CPR requirements, ensuring an economical and efficient conclusion to any claim issued.