reply to defence

When legal proceeding are issued by a claimant, the claimant will be required to commence the claim with a claim form and set out its case in the particulars of claim. The defendant answers the case of the claimant in the defence. The claimant then has an opportunity to answer the case of the defendant as set out in the defence, by filing a reply to defence, or a "reply".

Likewise, when a defendant issues a counterclaim, the defendant may file and serve a reply to defence to counterclaim after the claimant files its defence to counterclaim.

Requirement to file a Reply to Defence

The claimant is ordinarily not required to file a reply to defence, and the claimant is not taken to have admitted the case of the defendant by not filing a reply, or not dealing with an particular allegation made in the reply. A reply will be required where it wishes to raise any particular matter which must be pleaded, such as misrepresentation, fraud or illegality.

Purpose of a Reply to Defence

In all but the every simplest cases, it is beneficial for both of the parties that the claimant does so however, as the reply serves to (1) narrow the issues in dispute between the parties, and (2) bring to bear the issues which must be dealt with at the trial.

If the claimant wishes to file a reply, it must do so when it files its allocation questionnaire, and serve it simultaneously. Replies, like other statements of case must be endorsed with a statement of truth.