What is a Statement of Claim?
A statement of claim is a document that sets out the facts on which one party (the plaintiff) relies on as the basis for an entitlement to a legal relief/remedy from the party they say has wronged them (the defendant).
What is a Defence?
A defence is a document that responds to the allegations of fact contained in the statement of claim. The defence can deny, admit or not admit the allegations of fact contained in the statement of claim. It can also set out additional facts that the defendant relies on to refute the plaintiff’s claim.
What is a cross-claim?
It is not uncommon for a defendant to consider that they have a claim against the plaintiff arising out of the facts raised in the statement of claim and/or defence.
If this occurs, the defendant can file a document known as a cross-claim. The cross-claim sets out the facts on which the defendant relies as the basis for an entitlement to a legal relief/remedy from the plaintiff.
If a cross-claim is filed by a defendant against a plaintiff, the plaintiff must then file a defence to the cross-claim.
What is a reply?
In some instances, a defence will raise new allegations of fact that a plaintiff may need to respond to.
When this occurs, the plaintiff can file a document called a reply, which contains responses to the new allegations of fact raised in the defence.