REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

Civil Litigation Brief

Two recent posts* have highlighted the difficulties that can exist with the filing of Replies and Defence to Counterclaim. Here is a short Primer.

A REPLY

If the Defence does not contain a counterclaim a Reply is not mandatory.  There is no guidance in the rules relating to when and whether to file a Reply.

THE RULES RELATING TO A REPLY

CPR 15.8.

“Reply to defence
15.8  If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)”

CPR .16.7

Reply to defence

16.7
(1) A claimant who does not file a…

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