Item No. |
Recommendations |
Rules Affected |
Amendment Rules |
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Section 9: |
Pleadings Division 1 - Recommendations 22 - 24 |
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19. |
Recommendation 22 Proposal 10 (requiring defences to be pleaded substantively) should be adopted.
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RHC Order 18
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Rules 67-69
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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.
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21. |
Recommendation 24 Proposal 10 should not be extended to pleadings subsequent to the defence.
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