Civil Liability and Courts Act 2004

Defence and counterclaim.

12

12.—(1) A defence to a personal injuries action shall specify—

(a) the allegations specified, or matters pleaded, in the personal injuries summons of which the defendant does not require proof,

(b) the allegations specified, or matters pleaded in the personal injuries summons of which he or she requires proof,

(c) the grounds upon which the defendant claims that he or she is not liable for any injuries suffered by the plaintiff, and

(d) where the defendant alleges that some or all of the personal injuries suffered by the plaintiff were occasioned in whole or in part by the plaintiff's own acts, the grounds upon which he or she so alleges.

(2) A counterclaim in a personal injuries action shall specify—

(a) the personal public service number allocated and issued to the defendant under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993,

(b) the injuries to the defendant alleged to have been occasioned by the wrong of the plaintiff,

(c) full particulars of all items of special damage in respect of which the defendant is making a claim,

(d) full particulars of the acts of the plaintiff constituting the said wrong and the circumstances relating to the commission of the said wrong,

(e) full particulars of each instance of negligence by the plaintiff.

(3) Where a defendant fails to comply with this section—

(a) the court may—

(i) direct that the action shall not proceed further until the defendant complies with such conditions as the court may specify, or

(ii) where it considers that the interests of justice so require, give judgment in favour of the plaintiff,

and

(b) the court shall take such failure or refusal into account when deciding whether to make any order as to the payment of the costs of the personal injuries action concerned, or the amount of such costs.

(4) Where a defendant fails to comply with this section, the court hearing the personal injuries action concerned may draw such inferences from the failure as appear proper.