Part 15 DEFENCE AND REPLY

Contents of this Part
Title	Number
Part not to apply where claimant uses Part 8 procedure	Rule 15.1
Filing a defence	Rule 15.2
Consequence of not filing a defence	Rule 15.3
The period for filing a defence	Rule 15.4
Agreement extending the period for filing a defence	Rule 15.5
Service of copy of defence	Rule 15.6
Making a counterclaim	Rule 15.7
Reply to defence	Rule 15.8
No statement of case after a reply to be filed without court’s permission	Rule 15.9
Claimant’s notice where defence is that money claimed has been paid	Rule 15.10
Claim stayed if it is not defended or admitted	Rule 15.11

Part not to apply where claimant uses Part 8 procedure

15.1

This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

This Rule is referred to in: The Secretary of State for Communities and Local Government v Bovale Ltd [47].

Filing a defence

15.2

A defendant who wishes to defend all or part of a claim must file a defence.

(Part 14 contains further provisions which apply where the defendant admits a claim)

This Rule is referred to in: Part 55 (55.7), PDP 14 (3.3).

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32).

Consequence of not filing a defence

15.3

If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it.

This Rule is referred to in: PDP 15 (1.4), Godwin v Swindon BC [25].

The period for filing a defence

15.4

(1)

The general rule is that the period for filing a defence is –


(a)	14 days after service of the particulars of claim; or


(b)	if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

(2)

The general rule is subject to the following rules –


(a)	rule 6.35 (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);


(b)	rule 11 (which provides that, where the defendant makes an application disputing the court’s jurisdiction, the defendant need not file a defence before the hearing);


(c)	rule 24.4(2) (which provides that, if the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the summary judgment hearing); and


(d)	rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule).

This Rule is referred to in: Part 10 (10.1), Part 20 (20.7), Part 24 (24.4), (24.4), Part 26 (26.3), Part 55 (55.7), Part 57 (57.4), Part 63 (63.7), (63.7), (63.7), Part 65 (65.17), Part 78 (78.6), (78.7), QB Guide - Chapter 5 (5.4), (5.4), Comm Ct Guide - Pt C (C3.2), Godwin v Swindon BC [25], Phillips v Symes [48], Sowerby v Charlton [12], Thorn v MacDonald [39].

Next text inserted in Rule 15.4(2)(a) w/e from 1 October 2008,
Text substituted in Rule 15.4(2)(a), Rule 15.4(2)(b), and Rule 15.4(2)(d) w/e from 1 October 2008.

Agreement extending the period for filing a defence

15.5


(1)	The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.


(2)	Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

This Rule is referred to in: QB Guide - Chapter 2 (2.3), Comm Ct Guide - Pt C (C3.2), (C3.4).

Service of copy of defence

15.6

A copy of the defence must be served on every other party.

(Part 16 sets out what a defence must contain)

(The costs practice direction^pdp-43 sets out the information about a funding arrangement to be provided with the defence where the defendant intends to seek to recover an additional liability)

(‘Funding arrangement’ and ‘additional liability’ are defined in rule 43.2)

This Rule is referred to in the following SIs: Civil Procedure (Amendment No 3) Rules 2000 (7).

Making a counterclaim

15.7

Part 20 applies to a defendant who wishes to make a counterclaim.

Reply to defence

15.8

If a claimant files a reply to the defence, he must –


(a)	file his reply when he files his allocation questionnaire; and


(b)	serve his reply on the other parties at the same time as he files it.

(Rule 26.3(6) requires the parties to file allocation questionnaires and specifies the period for doing so)

(Part 22 requires a reply to be verified by a statement of truth)

This Rule is referred to in: Part 58 (58.10), Part 59 (59.9), Part 60 (60.5), Part 63 (63.7), PDP 15 (3.2A), Chancery Guide - Chap 2 (2.12), Comm Ct Guide - Pt C (C4.2).

This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 5) Rules 2001 (43), (43), (43), Civil Procedure (Amendment No.2) Rules 2002 (8), Civil Procedure (Amendment) Rules 2009 (23).

No statement of case after a reply to be filed without court’s permission

15.9

A party may not file or serve any statement of case after a reply without the permission of the court.

Claimant’s notice where defence is that money claimed has been paid

15.10

(1)

Where –


(a)	the only claim (apart from a claim for costs and interest) is for a specified amount of money; and


(b)	the defendant states in his defence that he has paid to the claimant the amount claimed,

the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.


(2)	When the claimant responds, he must serve a copy of his response on the defendant.


(3)	If the claimant fails to respond under this rule within 28 days after service of the court’s notice on him the claim shall be stayed^(GL).


(4)	Where a claim is stayed under this rule any party may apply for the stay^(GL) to be lifted. (If the claimant files notice under this rule that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)

This Rule is referred to in: Part 26 (26.2), (26.2), (26.3), (26.3), PDP 04 (3.2), PDP 15 (3.4), Court Service Guide (Intro).

Claim stayed if it is not defended or admitted

15.11

(1)

Where –


(a)	at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;


(b)	no defendant has served or filed an admission or filed a defence or counterclaim; and


(c)	the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),

the claim shall be stayed^(GL).


(2)	Where a claim is stayed^(GL) under this rule any party may apply for the stay to be lifted.

This Rule is referred to in: PDP 15 (3.4), PDP 51 (7).