See also Practice Direction
15
Part
15
DEFENCE AND REPLY
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Part not to apply where claimant uses Part 8
procedure
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15.1 |
This Part does not apply where the claimant uses the
procedure set out in Part 8 (alternative procedure for claims).
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Filing a defence
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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)
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Consequence of not filing a defence
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15.3 |
If a defendant fails to file a defence, the claimant
may obtain default judgment if Part 12 allows it.
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The period for filing a defence
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15.4 |
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The general rule is that the period for filing a
defence is –
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14 days after service of the particulars of
claim; or
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if the defendant files an acknowledgment of
service under Part 10, 28 days after service of the particulars of
claim.
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(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)
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The general rule is subject to the following rules
–
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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);
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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);
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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
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PD 1B" name="IDAAPD 1B">|
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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).
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| 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 (63.6), 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]. |
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This Rule is referred to in the following SIs: Civil Procedure (Amendment No 2) Rules 2000 (10), Civil Procedure (Amendment No. 2) Rules 2001 (19), Civil Procedure (Amendment No. 3) Rules 2005 (27), Civil Procedure (Amendment No. 4) Rules 2005 (19), Civil Procedure (Amendment No.2) Rules 2002 (8), Civil Procedure (Amendment) Rules 2001 (32), Civil Procedure (Amendment) Rules 2008 (12), (44), (44), (44), Civil Procedure Amendment Rules 2004 (21). |
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. |
PD 1B" name="IDAU
PD 1B">
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Agreement extending the period for filing a
defence
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15.5 |
PD 1B" name="IDA3PD 1B">|
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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.
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Where the defendant and the claimant agree to extend
the period for filing a defence, the defendant must notify the court in
writing.
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Service of copy of defence
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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 directionpdp-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)
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Making a counterclaim
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15.7 |
Part 20 applies to a defendant who wishes to make a
counterclaim.
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Reply to defence
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15.8 |
If a claimant files a reply to the defence, he must
–
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file his reply when he files his allocation
questionnaire; and
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serve his reply on the other parties at the same
time as he files it.
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(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)
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No statement of case after a reply to be filed without
court’s permission
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15.9 |
A party may not file or serve any statement of case
after a reply without the permission of the court.
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Claimant’s notice where defence is that money
claimed has been paid
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15.10 |
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Where –
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the only claim (apart from a claim for costs and
interest) is for a specified amount of money; and
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the defendant states in his defence that he has
paid to the claimant the amount claimed,
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the court will send notice to the claimant requiring
him to state in writing whether he wishes the proceedings to continue.
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When the claimant responds, he must serve a copy of his
response on the defendant.
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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).
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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)
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Claim stayed if it is not defended or
admitted
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15.11 |
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Where –
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at least 6 months have expired since the end of
the period for filing a defence specified in rule 15.4;
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no defendant has served or filed an admission or
filed a defence or counterclaim; and
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the claimant has not entered or applied for
judgment under Part 12 (default judgment), or Part 24 (summary
judgment),
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the claim shall be
stayed(GL).
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Where a claim is stayed(GL) under
this rule any party may apply for the stay to be lifted.
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