In UK law, when you make a formal Claim of Right (like RCJ-20e) and serve it on a party such as Abri Group Ltd, you’re putting them on notice that:
PROOF of service
- You are asserting a lawful standing, interest, or possession in the property.
- They must either recognise that claim or disprove it (rebut it) with verified evidence.
Here’s how they would be forced to rebut your claim — and what happens if they don’t.
1️⃣ Your Claim of Right Creates a Presumption
- Under common law and commercial law principles, unrebutted sworn testimony or declaration stands as truth in commerce.
- Maxim: “An unrebutted affidavit stands as truth” (see Broom’s Legal Maxims).
- Once you serve your sworn declaration (affidavit), the burden shifts to them to rebut it point by point, with:
- Equal or greater form (i.e., sworn affidavit, not just a letter or email).
- Verified facts (evidence, contracts, title deeds).
- Full liability (perjury risk if false).
2️⃣ How Abri Must Rebut
For their rebuttal to carry any legal weight:
- Sworn Affidavit – signed in their personal capacity by a named officer/director, not just “Abri Housing” as an entity.
- Point-by-Point Refutation – each numbered paragraph in your claim must be answered with:
- A denial with evidence, or
- An admission.
- Verification of Superior Title – they must prove:
- They hold the legal title (Land Registry) and
- They have a valid, enforceable contract with you giving them rights over your occupation.
- Proof of Lawful Process – e.g., valid Notice to Quit, possession order from a court with due process.
3️⃣ If They Do Not Rebut
If they ignore or fail to rebut: