Q&As

If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do issue estoppel and cause of action estoppel apply?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 15 October 2020
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There is no procedure contained within the CPR which allows for a party unilaterally to 'withdraw' a statement of case. Although a claimant can discontinue their claim, using the procedure set out in CPR 38, this specifically does not apply to Defendants and there is no provision for the discontinuance of a Defence to a claim. It is therefore not open to the defendant simply to seek to withdraw its defence. By CPR 17.1, if a statement of case has been served, a party may amend that statement of case only with the written consent of all of the other parties or with the permission of the court. If the defendant wishes to resile from its defence it would therefore require the permission of the court to replace it, even if that were to be a replacement with no defence.

In

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Defendant definition
What does Defendant mean?

A person against whom a claim is brought.

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