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04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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