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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

May 24, 2020 · by gexall · in Civil Procedure, Members Content, Statements of Case

Surprisingly this post about the basics of replies and counterclaims  was the second most read post on this blog in 2017 (surprising because it was written in July 2016).  It simply sets out the basic rules relating to filing a…

CIVIL PROCEDURE BACK TO BASICS 52: THE REPLY AND DEFENCE TO COUNTERCLAIM: TO REPLY OR NOT TO REPLY - THAT IS THE QUESTION

CIVIL PROCEDURE BACK TO BASICS 52: THE REPLY AND DEFENCE TO COUNTERCLAIM: TO REPLY OR NOT TO REPLY – THAT IS THE QUESTION

July 8, 2019 · by gexall · in Civil Procedure, Members Content, Statements of Case

Here we take a quick look at the rules and practice directions in relation to filing a Reply and  Defence to a Counterclaim.  In particular claimants should be very aware of the fact that a defendant can apply to enter…

CIVIL PROCEDURE BACK TO BASICS 38: THE DEFENCE TO COUNTERCLAIM

CIVIL PROCEDURE BACK TO BASICS 38: THE DEFENCE TO COUNTERCLAIM

April 24, 2019 · by gexall · in Applications, Civil Procedure, Members Content, Statements of Case, Striking out

The previous post was about the “reply”. The rules relating to a Defence to Counterclaim are different. Very importantly the timing of the defence to counterclaim is different.  There is an obligation on a claimant to properly and fully plead…

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