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Proposal 10 (requiring defences to be pleaded
substantively) should be adopted.
Recommendation 23: An exception to the general rule deeming the defendant
to have admitted any untraversed allegation of fact in the statement of claim
should be created along the lines of CPR 16.5(3) so that a defendant who has
adequately set out the nature of his case in relation to which the untraversed
allegation is relevant, is deemed not to admit and to put the plaintiff to proof of
such allegation.
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