Corporate, Commercial Law and Dispute Resolution · Commercial Disputes, Debt and Bankruptcy
Statement of defence in a commercial case is the defendant's main written response to the claim and should set out which allegations are accepted, which are disputed and what evidence supports the defence. Missing a material objection at this stage can limit the defendant's ability to raise it later.
Information to Include
The response should identify the claimant, case number and full details of the defendant, including registered address, identification information, contact details and electronic court account information where applicable.
If the defendant accepts any part of the claim, the accepted claims and relevant facts should be stated expressly. The defence should then identify the facts and legal assessment with which the defendant disagrees and cite the supporting evidence and legal provisions.
Evidence and Costs
The response should list documents and other evidence attached to it and explain why any evidence that cannot be submitted immediately is unavailable. The defendant may also object to the claimant's stated legal costs and provide a preliminary calculation of its own expected litigation costs.
The response is signed by the defendant or authorised representative.
Why Complete Objections Matter
If the response does not state disagreement with a fact relied on by the claimant, the defendant may lose the right to object to that fact later, subject to exceptions where disagreement follows from submitted evidence or could not have been raised for reasons beyond the defendant's control.
The defendant should also identify any evidence that cannot be submitted together with the response and explain the reason. This allows the court to understand which parts of the defence are already documented and which require later production, reducing the risk that important evidence is excluded as an unexplained late submission.
Commercial defence strategy should treat the statement of defence as the core procedural document, ensuring that every material factual and legal objection is recorded and supported before the case moves to substantive hearing.
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Price: Statement of Defence in Ukrainian Commercial Proceedings