CILEx Civil Practice (Level 7) Practice Test

If a defendant's defence is merely a bare denial of liability, what may the claimant seek?

Seek alternative dispute resolution Ask for a new trial Strike out the defence and ask for summary judgment Request damages in full

Correct Answer:

Strike out the defence and ask for summary judgment

Explanation:

When a defendant’s defence is nothing more than a bare denial, there is no real dispute of fact to be tried. In that situation the claimant can apply for summary judgment on the liability issue. The court will grant summary judgment if there is no real prospect of the defendant succeeding and no other live issues to try. If the court grants it, liability is decided without a full trial, and damages can be dealt with separately (or assessed later as appropriate). Other options, like seeking alternative dispute resolution, requesting a new trial, or simply demanding damages in full without proof of liability, do not fit this procedural scenario because they do not address the lack of any arguable defence to liability.

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