DISPUTE RESOLUTION (KNOWLEDGE)

Unit Workshop 3
Task 2

It is Monday 24 April xx18.

You are still in your litigation seat at Deckard Ford LLP in Manchester, working on
your client ICSL’s dispute with WMML.

On 18 April xx18 you correctly filed an Acknowledgment of Service in the matter, but
you have since finished your re-drafting of the Defence and Counterclaim more
quickly than you expected and today it is ready to be signed and served.

[The re-drafted Defence and Counterclaim is attached to this Task].

Just before 5pm your supervisor, Rachael Tyrell, receives a call from Leon Scott at
ICSL. You find out that WMML today obtained judgment in default against your client
on the basis that your client had failed to file a Defence within 14 days of deemed
service of the Claim Form.

With reference to relevant Civil Procedure Rules, explain:

(a) Whether WMML has correctly obtained judgment in default; and

26th of April (has obtained it too early)

(b) What type of application the Defendant should now make? What are
the two possible grounds and which is more appropriate on the facts?
Chapter 10
Rule 13.2
Mandatory ground (defendant will be entitled to have set aside the
judgement

Please note that you will learn more about the process of making applications to the
court, and further specific types of application, later in the course.

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 IN THE HIGH COURT OF JUSTICE Claim No: HQ18
1111
QUEEN’S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY

BETWEEN:

WEST MIDLAND MILLERS LIMITED

Claimant
and

INTERNATIONAL CROP SALES LIMITED

Defendant

_______________________________________

DEFENCE AND COUNTERCLAIM

_______________________________________

1. Unless otherwise stated, references to paragraph numbers and

defined terms in this Defence and Counterclaim are references to
corresponding paragraphs and defined terms in the Particulars of
Claim.

DEFENCE

2. Paragraphs 1 to 4 are admitted.

3. As to paragraph 5, the Defendant admits that it sent to the Claimant

a letter dated 4 January xx18 (“the Letter”). The remainder of
paragraph 5 is denied. The Letter did not represent that the Wheat
was grown in the State of Oklahoma, but rather that the Wheat was
“Oklahoma wheat”. “Oklahoma wheat” is a term used in the wheat
trade to mean wheat grown in an area encompassing both Northern
Oklahoma and Southern Kansas, the whole of which has one kind of
soil and climate.

4. As to paragraph 6 the Defendant denies that it made the

Representation, for the reasons set out in paragraph 3 of this
Defence. Accordingly, paragraph 6 is denied. If, which is denied, the
Defendant did make the Representation, the Claimant is required to
prove that the Representation induced the Claimant to enter into the
Contract, as the Defendant has no knowledge of this matter.

5. As to paragraph 7 the Defendant denies that it made the

Representation, for the reasons set out in paragraph 3 of this
Defence. The Defendant’s letter of 4 January xx18 accurately
described the Wheat as “Oklahoma wheat”.

© The University of Law Limited 42 714807312.docx

 6. Paragraph 8 is denied. Paragraph 5 of this Defence is repeated.
The Defendant made no misrepresentation to the Claimant and the
Claimant is not entitled to rescind the Contract.

7. As to paragraph 9, the Defendant admits that it received an email

from the claimant dated 16 March xx18 purporting to rescind the
Contract. For the reasons set out in paragraph 6 of this Defence, it is
denied that the Claimant was entitled to, or did, rescind the Contract
by this email or otherwise.

8. Paragraph 10 is denied. For the reasons set out in paragraph 6 of

this Defence the Claimant was not entitled to rescind the Contract.
The Defendant is therefore not obliged to repay to the Claimant the
first instalment made to the Defendant under the Contract.

9. Paragraph 11 is denied for the reasons set out in paragraph 8 of this

Defence.

COUNTERCLAIM

10. Paragraph 2 of the Defence is repeated.

11. The Claimant has failed to pay the Defendant the sum of £192,000,
being the second instalment due under the Contract on 24 March
xx18, or any part of that sum.

12. The Defendant is entitled to interest on the sum of £192,000 by virtue

of clause 7.9 of the Contract at the rate of 10% per annum from and
including 24 March xx18 until today (32 days) totalling £1,683.20 and
continuing thereafter at the daily rate of £52.60 until payment.

AND the Defendant counterclaims:

(1) £192,000 under paragraph 11 above;
(2) Interest under paragraph 12 above.

Dated: 24 April xx18 Deckard Ford LLP

Statement of Truth
The Defendant believes that the facts stated in this Defence and
Counterclaim are true. The Defendant understands that proceedings for
contempt of court may be brought against anyone who makes, or causes
to be made, a false statement in a document verified by a statement of
truth without an honest belief in its truth. I am duly authorised to sign this
statement of truth on behalf of the Defendant.

Signed: ………………………………………………..………………….
LEON SCOTT, Manager employed by the Defendant.

Dated: …………………………

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 The Defendant’s solicitors are Deckard Ford LLP of 6 Cheapway, London,
E6 3UT (DX 79534 Cheapway (Fax: 0207 895 6374) where they will
accept service on behalf of the Defendant. (5687.0001/BR/RT)

To: the Claimant and the Court

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