What is the main purpose of a 'defence' in legal proceedings?

The main purpose of a 'defence' in legal proceedings is to respond to the claims made in a statement of claim. When a defendant is faced with allegations from a plaintiff, the defence serves as the formal reply that articulates the defendant's position, arguments, and factual basis in relation to the claims presented. The defence can involve denying the allegations, providing legal reasons for why the plaintiff’s claims should not succeed, or introducing affirmative defences that may justify or excuse the defendant's actions.

This is a crucial aspect of the adversarial legal system, where each party has the opportunity to present their case and contest the other's assertions. A properly formulated defence not only shapes the direction of the case but also informs the court of the defendant's stance, allowing for an efficient resolution of the dispute.

In contrast, initiating a counterclaim involves asserting a new claim against the plaintiff, which is a separate legal maneuver from simply responding to their claims. Delaying the legal process is generally viewed as an unethical tactic unless justified by the circumstances of the case, and gathering evidence to support the plaintiff's claims falls outside the role of the defendant, who instead focuses on countering those claims.