Court Procedures Rules 2006

This rule applies to a defence to an originating claim that includes a claim for damages for personal injury.

The defendant must, in the defence, specifically admit or deny every material allegation of fact in the originating claim and statement of claim, including any allegation by way of particulars.

The allegation is taken to be admitted if the defendant does not comply with subrule (2) in relation to it.

A statement in the defence that the defendant does not know and therefore cannot admit a fact alleged in the originating claim or statement is taken to be a denial.

If the defendant wishes to prove a version of facts different from that alleged in the originating claim or statement of claim, the defendant must plead that version in the defence.

The defendant must plead every ground of defence to be relied on, together with the facts necessary to establish each ground.