2007 Rule 78

78. The counter-statement

Rule 77 | Index | Rule 79

(1) Any counter-statement filed by the defendant must-

  • (a) state which of the allegations in the statement of grounds he denies;
  • (b) state which of the allegations he is unable to admit or deny, but which he requires the claimant to prove;
  • (c) state which of the allegations he admits;
  • (d) be verified by a statement of truth; and
  • (e) comply with the requirements of Part 1 of Schedule 2.

(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.

(3) A defendant who fails to deal with an allegation in a counter-statement shall be taken to admit that allegation.

(4) But a defendant who-

  • (a) fails to deal with an allegation; but
  • (b) has set out in his counter-statement the nature of his case in relation to the issue to which the allegation is relevant,

shall be taken to require the allegation to be proved.

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