header-logo header-logo

04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
printer mail-detail

Putting to proof

In a claim in tort, is the defendant not entitled to put the claimant to proof without pleading a positive case for the defence without judgment being entered against him on allocation?

In a claim in tort, is the defendant not entitled to put the claimant to proof without pleading a positive case for the defence without judgment being entered against him on allocation?

The aim of the CPR was to do away with bare denials. CPR 16 expressly states that where the defendant denies an allegation he must state his reasons for doing so and, if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

The defendant may be the Motor Insurers Bureau or a Road Traffic Act insurer which only has the claimant’s version of events on which to rely and effectively wants to put the claimant to proof. The court may permit it to do so: it may not. It will depend on the strength of the evidence: does

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll