Supreme Court Rules 2000

A ground of defence arising after the commencement of an action but before the defence is delivered may be raised in a defence.

A ground of defence to a set-off or counterclaim arising after it is delivered but before a reply is delivered may be raised in a reply.

If a ground of defence arises after the period during which it may be raised in a defence or a reply under subrule (1) or (2), the defendant or plaintiff may deliver a further defence or reply setting out the ground – within 8 days after that period has elapsed; or at any subsequent time, by leave of the Court or a judge.

If a defence which arises after the commencement of an action is raised in accordance with this rule, the plaintiff may file and deliver a notice confessing to the defence, specifying the paragraphs of the defence by which it is raised.

At the expiration of 7 days after the delivery of the confession, the plaintiff may sign judgment for costs up to the time of the pleading of the defence, unless the Court or a judge otherwise orders.