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10.1 The rules in this Part set out the procedure for disputing the whole or part of a claim.

(Part 18 deals with the procedure for making a counterclaim)

10.2 (1) A defendant who wishes to defend all or part of a claim must file a defence.

(2) In particular, if a defendant admits liability but wishes to be heard on the issue of quantum, he must file and serve a defence dealing with that issue.

(3) If a defendant fails to file a defence within the period for filing a defence, judgment for failure to defend may be entered if Part 12 allows it.

(Part 14 deals with the procedure to admit all or part of the claim)

10.3 (1) The general rule is that the period for filing a defence is the period of 28 days after the date of service of the claim form and statement of case.

(2) However where permission has been given under rule 8.2 for a claim form to be served without a statement of case, the period for filing a defence is the period of 28 days after the service of the statement of case.

(3) In proceedings against the State the period for filing a defence is the period of 42 days after the date of service of the claim form and statement of case

(4) Where the defendant within the period set out in paragraph (1) (2) or (3) makes an application under section 7 of the Arbitration Act Chap 5:01 to stay the claim, the period for filing a defence is extended to 14 days after the determination of that application.

(5) A defendant may apply for an order extending the time for filing a defence.

(6) The parties may agree to extend the period for filing a defence specified in paragraph (1), (2) or (3) up to a maximum of three months after the date of service of the claim form (or statement of case if served after the claim form).

(7) Only one agreement to extend the time for filing a defence may be made.

(8) The defendant must file details of such an agreement.

(9) Any further extensions may only be made by court order.

(10) The general rule is subject to rule 9.7.

10.4 When the defendant files a defence, he must also serve a copy on all other parties.

Defendant's duty to set out his case

10.5 (1) The defendant must include in his defence a statement of all the facts on which he relies to dispute the claim against him.

(2) Such statement must be as short as practicable.

(3) In his defence the defendant must say -

(a) which (if any) allegations in the claim form or statement of case he admits; and

(b) which (if any) he denies; and

(c) which (if any) he neither admits nor denies, because he does not know whether they are true, but which he wishes the claimant to prove.

(4) Where the defendant denies any of the allegations in the claim form or statement of case-

(a) he must state his reasons for doing so; and

(b) if he intends to prove a different version of events from that given by the claimant, he must state his own version.

(5) If, in relation to any allegation in the claim form or statement of case the defendant does not -

(a) admit or deny it; or

(b) put forward a different version of events,

he must state each of his reasons for resisting the allegation.

(6) The defendant must identify in or annex to the defence any document which he considers to be necessary to his defence.

10.6 (1) The defendant may not rely on any allegation or argument which he did not mention in his defence, but which he should have mentioned there, unless the court gives him permission to do so.

(2) The court may give the defendant such permission at a case management conference.

(3) The court may not give the defendant such permission after a case management conference unless the defendant can satisfy the court that there has been a significant change in circumstances which became known after the date of the case management conference.

10.7 (1) Where the defence is filed by an attorney it must be -

(a) signed by the attorney; and

(b) give his name and business address and facsimile transmission number (if any); and

(c) if that address is not within three miles of the court office where the claim form was issued, give an address for service within that distance; and

(d) if the defence is filed by an agent, it must be signed by the agent and give his name and address for service.

(2) Where the defence is filed by the defendant personally (or in the case of a body corporate. by an officer of that body corporate), it must give an address at which documents may be served, unless he has filed a appearance which includes such an address.

(3) That address must be within three miles of the court office where the claim was issued.

(4) The defendant must certify on the defence that he believes that its contents are true.

(5) If it is impractical for the defendant to give the certificate required by paragraph (4) it may be given by his attorney.

(6) If the certificate is given by the attorney he must also certify the reasons why it is impractical for the defendant to give the certificate and that the certificate is given on the defendant's instructions.

(7) If the defendant is defending in a representative capacity, he must say -

(a) what that capacity is; and

(b) whom he is representing.

(Part 21 deals with representative parties)

10.8 (1) This rule sets out additional requirements with which a defendant to a claim for personal injuries must comply.

(2) Where the claimant has attached to his claim form a report from a medical practitioner on the personal injuries which he is alleged to have suffered, the defendant must state in his defence -

(a) whether he agrees the medical report; and

(b) where he disputes any part of the medical report, give his reasons for doing so.

(3) Where the defendant intends to rely on a report from a medical practitioner to dispute any part of the claimant's claim for personal injuries and the defendant has such a report in his possession the defendant must attach that report to the defence.

10.9 The defence of tender shall not be available unless the defendant pays into court the amount alleged to have been tendered within the period for filing a defence.

(Rule 10.3 states the period for filing a defence)

10.10 (1) A claimant may not file or serve a reply to a defence without -

(a) the permission of the court; or

(b) if it is to be filed before a case management conference, the consent of the defendant.

(2) The court may only give permission at a case management conference.