ECP claim via DCB Legal, 2025

curveball123

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

Nellymoser

Top page 1 same place as NEWBIES Announcement thread. It explains you write paragraph 3.

Le_Kirk

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to use it.

curveball123

Le_Kirk said:

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to us it.

Thank you! So all 10 sections copy verbatim but we write section 3 ?

Gr1pr

curveball123 said:

Le_Kirk said:

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to us it.

Thank you! So all 10 sections copy verbatim but we write section 3 ?

Correct,  although you may need add an extra paragraph regarding MAZUR if S.E. signed the claim form,  so study other recent DCB Legal cases over the last few weeks 

curveball123

Gr1pr said:

curveball123 said:

Le_Kirk said:

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to us it.

Thank you! So all 10 sections copy verbatim but we write section 3 ?

Correct,  although you may need add an extra paragraph regarding MAZUR if S.E. signed the claim form,  so study other recent DCB Legal cases over the last few weeks 

Sorry I don't know what this means ?

Le_Kirk

curveball123 said:

Gr1pr said:

curveball123 said:

Le_Kirk said:

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to us it.

Thank you! So all 10 sections copy verbatim but we write section 3 ?

Correct,  although you may need add an extra paragraph regarding MAZUR if S.E. signed the claim form,  so study other recent DCB Legal cases over the last few weeks 

Sorry I don't know what this means ?

Who signed the N1SDT claim form?  Was it Sarah Ensall?  If so, search the forum using that name and read a few threads that include defences and you will see what we mean by Mazur.  When using the search function, change the "Sort By" drop down box from "Best Match" to "Newest"

curveball123

Le_Kirk said:

curveball123 said:

Gr1pr said:

curveball123 said:

Le_Kirk said:

curveball123 said:

Could someone please point me to where the defence template is and any advice/guidance would be appreciated - do I have to write something or is it a standard template?

As @Nellymoser writes it is an announcement  (there are about seven) on page one of the forum and, when you click on it, go to page one and then scroll down, part of the thread contains instructions on how to us it.

Thank you! So all 10 sections copy verbatim but we write section 3 ?

Correct,  although you may need add an extra paragraph regarding MAZUR if S.E. signed the claim form,  so study other recent DCB Legal cases over the last few weeks 

Sorry I don't know what this means ?

Who signed the N1SDT claim form?  Was it Sarah Ensall?  If so, search the forum using that name and read a few threads that include defences and you will see what we mean by Mazur.  When using the search function, change the "Sort By" drop down box from "Best Match" to "Newest"

Ah yes it was! Thank you so I add this to the end of the defence section I write in section 3 ? 

The recent High Court judgment in Mazur and Stuart v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) underlines the importance of ensuring litigation is carried out by qualified and authorised professionals. It cuts into the heart of bulk litigation and rips it out.

In this case, the POC signatory does not appear to be on the SRA list and the staff preparing documents and attending Court Mediation to negotiate settlements are believed to be paralegals. Even if acting under supervision, it is averred that none of this 'conducting litigation' activity is allowed from unauthorised staff.

And that is before even considering the doctrine of champerty in cases where a bulk law firm might have 'fronted' the court fee and is maintaining tens/hundreds of thousands of claims per annum with no sign of client (or authorised solicitor) involvement. This model can be contrary to public policy and the arrangement unenforceable as a result

Le_Kirk

The one I found by searching the forum was slightly different; this one was approved by @Coupon-mad and suggested it could be moved nearer the start of the defence; just make sure it flows well. 

The recent High Court judgment in Mazur and Stuart v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) underlines the importance of ensuring litigation is carried out by qualified and authorised professionals. It cuts into the heart of bulk litigation and rips it out. In this case, the POC signatory (Sarah Ensall) does not appear to be on the SRA list for DCB Legal. Even if acting 'under supervision', the binding decision in Speechlys holds that unauthorised staff must not conduct litigation. The court is invited to strike out the claim and grant the Defendant's costs on the indemnity basis due to wholly unreasonable conduct. Although costs do not usually apply in the small claims track (r.38.6(3)), the White Book notes they may be awarded for unreasonable conduct (r.27.14(2)(dg)) including in cases of late discontinuance.

You don't need to split it up into shorter paragraphs but, if you do, you will need to number them all.

Coupon-mad

Albeit, if you put that paragraph earlier in the defence (which flows well, I think) make sure you aren't repeating this bit twice:

"Although costs do not usually apply in the small claims track (r.38.6(3)), the White Book notes they may be awarded for unreasonable conduct (r.27.14(2)(dg)) including in cases of late discontinuance."