Drafting%202019-2020%20SPS%203%20Suggested%20Answer (1).docx - IN THE COUNTY COURT AT DARLINGTON Claim No DA009376 BETWEEN MASTER THOMAS DEARE(a child

Drafting%202019-2020%20SPS%203%20Suggested%20Answer...

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IN THE COUNTY COURT AT DARLINGTON Claim No DA009376 BETWEEN MASTER THOMAS DEARE (a child by BENJAMIN DEARE his litigation friend) Claimant and (1)KRIEL DIESEL ENGINES (UK) LIMITED (2) FORNDIKE CONSTRUCTION LIMITED Defendants DEFENCE OF THE FIRST DEFENDANTS 1. Except that it is denied that the First Defendants are the owners of the property, paragraphs 1 and 2 of the Particulars of Claim are admitted. The property is owned by Thornfield Industrial Properties Limited and the First Defendants are its leaseholders. 2. Except that it is admitted that the Claimant entered the property on 23 April 2019, paragraph 3 of the Particulars of Claim is denied. At the material time, there was no footpath or any other means of lawful access to or passage across the property. The Claimant’s purpose on entering the property was to steal lead sheeting and, accordingly, he was not a lawful visitor to the property. 3. Except that it is admitted that the Claimant fell into the foundation © Northumbria University 1 Bar Professional Training Course
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trench and thereby sustained injury, paragraph 4 of the Particulars of Claim is denied. The Claimant fell into the trench from the roof of a
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