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Section 9: Pleadings
Proposal 9
Rules should be adopted aimed at returning pleadings to a simpler form, comprising a
concise statement of the nature of the claim and of the facts relied on, together with any
relevant point of law.
Proposal 9 (for a restatement of what pleadings should contain) not be adopted.
We should not adopt the practices of (i) requiring written contracts and documents
constituting contracts to be annexed to the pleadings; (ii) permitting other documents to be
so annexed; or (iii) permitting intended witnesses to be named in the pleadings.
The rule permitting points of law to be raised in the pleadings should remain unchanged.
Proposal 10
Rules be introduced requiring defences to be pleaded substantively, with reasons given for
denials and positive cases advanced.
Proposal 10 (requiring defences to be pleaded substantively) should be adopted.
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.
Proposal 10 should not be extended to pleadings subsequent to the defence.
The defence of tender before action should be extended to apply to claims for unliquidated
damages.
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