Recorded Webinar: Drafting a Defence in Commercial Litigation: Strategy and Procedure

There is a mistaken belief amongst some practitioners that drafting a defence is a simple process. However, practitioners overlook the defence at their peril. A well-drafted defence has the client’s outcome in mind and a clear understanding of the facts and elements required to prove your client’s position. This session looks at how to draft effective defences, including:

• Acting for defendants - understanding the practitioner’s obligation
• Understanding the defence content - procedural and ethical obligations
• Responding to the allegations
• When you should make:

• Admissions
• denials
• non-admissions

• When you don’t know should you say that?
• Asking for more particulars and seeking documents referred to in claim
• Pleading failure to mitigate
• Pleading your actions were caused by a third party
• Practical evidentiary considerations
• Ensuring you have made out a valid defence