TOC Start of this Annex Previous Page Next Page End of this Annex CJR - Consultation Paper on Proposed Legislative Amendments, Annex H About
CJR Citator




Item No. Recommendations Rules Affected Amendment Rules
Section 9:     Pleadings
Division 1 - Recommendations 22 - 24
19. Recommendation 22
Proposal 10 (requiring defences to be pleaded substantively) should be adopted.

RHC
Order 18
Rules 67-69
20. Recommendation 23
An exception to the general rule deeming the defendant to have admitted any untraversed allegation of fact in the statement of claim should be created along the lines of CPR 16.5(3) so that a defendant who has adequately set out the nature of his case in relation to which the untraversed allegation is relevant, is deemed not to admit and to put the plaintiff to proof of such allegation.

21. Recommendation 24
Proposal 10 should not be extended to pleadings subsequent to the defence.

Previous Page Back to Top Next Page
Web Accessibility Conformance