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9.2
Requiring substantive defences to be pleaded
Proposal 10
Rules be introduced requiring defences to be pleaded substantively, with reasons given for
denials and positive cases advanced.
Proposal 10 addresses the second of the main defects mentioned above,
namely, that
of excessive sparseness in the pleading. A defence consisting of bare denials and non-
admissions does nothing to advance the proper functions of pleadings. Thus, in
England and Wales, CPR 16.5(1) and (2) were introduced in the following terms :-
"(1)
In his defence, the defendant must state—
(a)
which of the allegations in the particulars of claim he denies;
(b)
which allegations he is unable to admit or deny, but which he requires the
claimant to prove; and
(c)
which allegations he admits.
(2)
Where the defendant denies an allegation—
(a)
he must state his reasons for doing so; and
(b)
if he intends to put forward a different version of events from that given by the
claimant, he must state his own version."
Respondents to the consultation
generally supported introduction of a similar rule
and the Working Party recommends adoption of this Proposal. Cagey pleadings
merely increase costs and delay settlement. A greater openness as to the true nature of
each party's case is to be encouraged.
Notes
See paragraph 184 above.
Including the Bar Association, the BSCPI, the Law Society, the HKMLA, the High Court masters,
the BCC and a set of barristers' chambers.
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