Defending a claim in court

nikki5

I am being taken to the small claims court over a matter that has nothing do me, and I'd really appreciate some advice as to what to write in the claim defence. To avoid boring you with the details, the claim is totally rubbish as the claimant is trying it on, and it should have been made against someone else and not me, what's the best way of putting that in writing for the court?

Thanks for your time

EDIT:
To cut the long story short, I work in a tattoo parlour. A customer has a had tattoo by a member of staff, and now for whatever reason has had a change of heart of wants a refund. She's making all these unbelievable claims that the tattoo has made her unwell and she's got depression because of it. So she wants a refund and compensation on top of that. To make things worse she's put my name on the claim, but I had nothing to do with her job and it was another member of staff who did it. Not only is there nothing wrong with her tattoo, and her health related claim is bogus, she's claiming against the wrong person.

paddyrg

Just tell the court what you know, that you aren't the responsible party, and that the remedy isn't yours to make.

nikki5

paddyrg wrote: »

Just tell the court what you know, that you aren't the responsible party, and that the remedy isn't yours to make.

It's my first time in court so I'm a bit nervous tbh. Do I need to write a long formal letter for the court?

societys_child

No, be brief and to the point. No waffle.

Manxman_in_exile

nikki5 wrote: »

...the claim is totally rubbish as the claimant is trying it on, and it should have been made against someone else and not me...

You'll have to give reasons and more detail than this though. If you don't want to give details it's difficult to know what would be helpful advice. You may have a defence or may not.

steampowered

Unless you tell us what the claim is about - ideally by copying and pasting the exact wording of the particulars of claim - we cannot give you sensible advice as to what to write in the defence.

In general terms, you will need to specifically admit, deny or say that you have no knowledge as to the accuracy of each statement of fact made in the defence.

If the particulars of claim is numbered, you could for example say 'Paragraph 1 is admitted. Paragraph 2 is denied because xxxxx. The Defendant has no knowledge as to Paragraph 3.'

Keep it concise and don't waffle.

System

Since the specific question is about the defense, the way it's supposed to work is that the particulars of claim will make specific allegations which you then respond to individually. You either admit, deny or say you can't do either and require proof.

For example in a breach of contract claim, three things need to be proven and so the claim might be listed a these simple points (with a lot more detail than I have below)

1. A contract exists
2. It was breached,
3, The breach caused loss to the claimant.

If this is the kind of claim you are looking at, and it's someone else who is liable, you might deny all three points and explain there is some other party that is liable and why. If this is someone you have a contract with, you might admit to 1 and deny 2 and 3.

Read this for the rules: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.5

Importantly you must respond to all allegations, don't ignore any. And note that denial requires you to explain yourself. Depending on the details, you might really want the third option of "requiring the claimant to prove"

The above assumes the claim is set out to the same rules. Some claims are just garbage designed to waste your time. Still you should file a defense, or risk summary judgement.

nikki5

Manxman_in_exile wrote: »

You'll have to give reasons and more detail than this though. If you don't want to give details it's difficult to know what would be helpful advice. You may have a defence or may not.

To cut the long story short, I work in a tattoo parlour. A customer has a had tattoo by a member of staff, and now for whatever reason has had a change of heart of wants a refund. She's making all these unbelievable claims that the tattoo has made her unwell and she's got depression because of it. So she wants a refund and compensation on top of that. To make things worse she's put my name on the claim, but I had nothing to do with her job and it was another member of staff who did it. Tbh her tattoo looks really nice as well...

nikki5

steampowered wrote: »

Unless you tell us what the claim is about - ideally by copying and pasting the exact wording of the particulars of claim - we cannot give you sensible advice as to what to write in the defence.
.

I have added the summary of the events in the OP now.

System

How is that worded on the claim?

Fosterdog

The fact that it is another member of staffs job is irrelevant, it is the business owner who would be liable. If you are the other artists employer then she is correct to name you, if you are just another employee then she is incorrect.

Unless she has medical evidence to prove that the tattoo made her ill then her case is weak whether she has submitted it against the right person or not.