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If a defendant contests a claim, he should prepare a defence showing his side of the argument which is then filed with the court and given to the person making a claim. If he considers that he in turn has a claim against the person who has brought the proceedings, he would also file a counter-claim.
Easyform Glossary of Law Terms. — UK law terms.
- defence
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in civil proceedings a defence may be one of the following: (i) a traverse, i.e. a formal denial of an alleged fact; (ii) a denial of the plaintiff's claim; (iii) an allegation of counterclaim; (iv) a confession and avoidance; (v) a statement of defence raising an objection in point of law to the effect that the facts alleged, even if established, do not disclose a good cause of action. In Scottish written civil pleadings, a defender lodges written defences. In the sheriff court there is an intermediate pleading, called a notice of intention to defend.In criminal matters there is no written defence; a defence is raised by the plea of not guilty. In Scottish solemn criminal procedure, there are certain special defences that require to be lodged timeously in writing: alibi, incrimination (See incriminate), insanity and self-defence.
Collins dictionary of law. W. J. Stewart. 2001.
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A formal document setting out a defendant's statement of case in response to a statement of claim or particulars of claim .
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
