Citation, Commencement, Application And The Overriding Objective
Interpretation
Organisation Of The Court
The Court’s Case Management Powers
Forms
Court Documents
How To Start Proceedings — The Claim Form
Alternative Procedure For Claims
Service
Responding To Particulars Of Claim — General
Acknowledgment Of Service
Disputing The Court’s Jurisdiction
Default Judgment
Setting Aside Or Varying Default Judgment
Admissions
Statements Of Case
Amendments To Statements Of Case
Further Information
Addition And Substitution Of Parties
Counterclaims And Other Additional Claims
Statements Of Truth
General Rules About Applications For Court Orders
Immediate Judgment
Interim Remedies And Security For Costs
Case Management
Alternative Dispute Resolution
Production Of Documents
Evidence
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
Payments Into Court
Discontinuance
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Fixed Costs
Procedure For Detailed Assessment Of Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
Judicial Review
Arbitration Claims
AMENDED Appeals
FORMER Appeals
General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Interpleader
Contempt Of Court
Small Claims Tribunal
Small Claims Tribunal
Insolvency Proceedings
Probate Rules
Technology And Construction Division
Non-Muslim Wills Registry
Exceptions to this part
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
In relation to specialist proceedings in respect of which special provisions for defence and reply are made by these Rules and Practice Directions applicable to those claims, the provisions of this Part apply only to the extent that they are not inconsistent with those Rules and Practice Directions.
A defendant who wishes to defend all or part of a claim must file a defence.
Part 22 requires a defence to be verified by a statement of truth.
The form of the statement of truth is as follows:
‘[I believe][the defendant believes] that the facts stated in this defence are true.’
Attention is drawn to Section VI of Part 29 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.
The general rule is that the period for filing a defence is:
(1) 14 days after service of the particulars of claim; or
(2) if the defendant files an acknowledgment of service under Part 11, 28 days after service of the particulars of claim.
The general rule is subject to the following rules:
(1) Rule 9.57 (which specifies how the period for filing a defence is calculated where the claim form is served out of the jurisdiction );
(2) Rule 12.10 (which provides that, where the defendant makes an application disputing the Court’s jurisdiction , he need not file a defence before the hearing);
(3) Rule 24.5 (which provides that, if the claimant applies for immediate judgment before the defendant has filed a defence, the defendant need not file a defence before the immediate judgment hearing); and
(4) Rule 9.48 (which requires the Court to specify the period for responding to the particulars of claim when it makes an order under Rule 9.45).
Part 21 applies to a defendant who wishes to make a counterclaim .
If a claimant files a reply to the defence, he must:
(1) file his reply within 21 days after service of the defence; and
(2) serve it on all other parties at the same time.
The reply should be served before case management information sheets are provided to the Court . In the normal case, this will allow the parties to consider any reply before completing the case management information sheet, and allow time for the preparation of the case memorandum and the list of issues each of which is required for the case management conference.
Where:
(1) the only claim (apart from a claim for costs and interest) is for a specified amount of money; and
(2) 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.
The claimant must respond to a notice issued by the Court under Rule 16.21 within 28 days after service of the notice on him. When the claimant responds, he must serve a copy of his response on the defendant .
If the claimant fails to respond under Rule 16.22 within 28 days after service of the Court’s notice on him, the claim shall be stayed .
Where a claim is stayed under this Rule, any party may apply for the stay to be lifted.
Where:
(1) at least 6 months have expired since the end of the period for filing a defence specified in Rules 16.9 and 16.10;
(2) no defendant has served or filed an admission or filed a defence or counterclaim ; and
(3) the claimant has not entered or applied for judgment under Part 13 (default judgment ), or Part 24 (immediate judgment);
the claim shall be stayed .
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