Filing Defence The defendant who enters an appearance must deliver his defence and counterclaim if any, if he wishes to resist the claim. If he does not request a statement of claim, he must do so within 56 days of appearance. In other cases, he must do so within 56 days of service of the statement of claim. These periods were formerly 28 days. A […]
General Pleadings are a feature of most civil claims. Pleadings are statements of facts. which set out a party’s case. In the High Court, the claimant’s case will be set out in detail in his Statement of Claim. The defendant’s defence will be set out in his Defence. Pleadings may also be embodied in the defendant’s counterclaim and the claimant’s response, as well as certain […]
Joining a Third Party The rules of court provide a procedure by which a defendant may join another party to the action as a third party. This may be done where the defendant claims against the third party, that he is entitled to either a contribution towards damages to the claimant or to a complete indemnity. It may also arise where he is entitled to […]
Third Party Notice Where a defendant in an action claims as against a person who was not a party to the action that he is entitled to contribution or indemnity or that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant […]
General The claimant must subject to the rules and in such time as is prescribed deliver a statement of claim and of the relief or remedy which he claims to be entitled. The defendant shall in accordance with the rules deliver his defence and set off / counterclaim if any. The claimant shall deliver his reply to such defence an set off / counterclaim in […]
Statement of Claim When the procedure is by special summons or summary summons, no statement of claim or other pleadings shall be delivered, except by the order of the court. The court may order such statement of claim or other pleadings as appears to be requisite. Where the procedure is by plenary summons, the claimant may deliver the statement of claim with the plenary summons […]
Amendment of Pleadings Pleadings may be amended where this is necessary so that the real matters in issue between the parties may be decided in accordance with the interest of justice. An amendment may be made without consent of court, within a certain time of the pleading being delivered. An amendment may be made at any time on application to court, by the court. An […]