OpenLegislation

Rule 59.9 Defence and ReplyF1

(1)

Part 15 (Defence and Reply) applies to F2Circuit Commercial claims with the modification to rule F315.8(a) that the claimant must—

(a)

file any reply to a defence; and

(b)

serve it on all other parties,

within 21 days after service of the defence.

(2)

F4Rule 6.35 (in relation to the period for filing a defence where the claim form is served out of the jurisdiction) applies to Circuit Commercial claims, except that if the particulars of claim are served after the defendant has filed an acknowledgment of service the period for filing a defence is 28 days from service of the particulars of claim.

Annotations

Textual amendments

F1

Pt. 59 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rule 1(c), Sch. 3

F2

Words in Pt. 59 substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(2)(c)

F3

Word in rule 59.9(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 32

F4

Words in rule 59.9(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 32(b)

Notes on Part 59

Textual amendments

F2

Pt. 59 heading substituted (1.10.2017) by The Civil Procedure (Amendment No. 2) Rules 2017 (S.I. 2017/889), rules 1(1), 7(1)