County Court Rules (Northern Ireland) 1981

ORDER 7 Special defences

Statement of defence

1.  A defendant in an equity suit may, before the beginning of a period of four days ending on the entry day, serve on the plaintiff a statement in Form 41 disclaiming any interest in the subject matter of the proceedings or admitting or denying any of the statements in the plaintiff's civil bill, or raising any question of law on such statements, without admitting the truth thereof, or he may specify any new fact or document on which he intends to rely as a defence or which he intends to bring to the notice of the court.

Admission in action for recovery of land

2.  In an action for the recovery of land a defendant who admits the title of the plaintiff to the land or any part thereof and his right to the immediate possession thereof may, before the beginning of a period of four days ending on the entry day, deliver to the plaintiff an admission thereof.

Defence in action of trespass, etc.

3.  Where a defendant in any action of trespass or in any action in which the title to any land comes in question (not being an action for the recovery of the land) intends to rely on a justification of the acts complained of, as having been done in exercise of any alleged right, he may serve a notice to that effect, setting out such alleged right, on the plaintiff before the beginning of a period of four days ending on the entry day.

Tender and payment into court

4.—(1) Where the defence is tender, such defence shall not be available unless before or at the hearing the defendant lodges with the chief clerk the amount alleged to have been tendered, together with the costs of the action up to the time of tender if it was made after action brought.

(2) Where in an equity suit a defendant, intends to rely upon payment made by him into court, he shall give notice thereof to the plaintiff before the beginning of a period of four days ending on the entry day.

Set-off and counterclaim

5.—(1) Where a defendant in any proceedings not being an action for rent intends to rely upon any set-off or counterclaim he shall give notice thereof in writing to the plaintiff and to the chief clerk on or before entry day.

(2) Where in any action for rent a defendant intends to rely on a deduction or set-off in respect of debts due by the landlord to the tenant under section 48 of the Landlord and Tenant Law Amendment Act, Ireland, 1860(1) the defendant shall give notice in writing of such intention stating particulars of such deduction or set-off to the plaintiff before the beginning of a period of four days ending on the entry day and, where the defendant intends to rely on the provisions of section 40 of that Act, he shall lodge with the chief clerk the money tendered by him as thereby directed and give notice of such lodgment to the plaintiff before the beginning of a period of four days ending on the entry day.

Counterclaim against person other than plaintiff

6.  Where a defendant desires to set up a counterclaim against a plaintiff and some other person, he may apply to the judge for an order that the other person be added as a defendant to the counterclaim and the judge may make an order accordingly and may give such directions as may be necessary to enable the questions at issue between the parties to be determined at the hearing of the action.

Set-off and counterclaim in proceedings by and against the Crown

7.—(1) In proceedings by the Crown for the recovery of any taxes, duties or penalties, a defendant shall not be entitled to avail himself of any set-off or counterclaim.

(2) In any proceedings by the Crown other than those referred to in paragraph (1), a defendant shall not be entitled to avail himself of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties.

(3) A defendant shall not be entitled, without the leave of the judge (to be obtained on application of which notice has been given to the Crown before the beginning of a period of four days ending on the date of the application) to avail himself of any set-off or counterclaim if—

(a) the subject matter of the set-off or counterclaim does not relate to the government department in whose name the proceedings are brought; or

(b) the proceedings are brought in the name of the Attorney-General.

(4) In proceedings against the Crown, the Crown shall not be entitled, without the leave of the judge (to be obtained on application of which notice has been given to the plaintiff before the beginning of a period of four days ending on the date of the application), to avail itself of any set-off or counterclaim if—

(a) the Crown is sued in the name of a government department and the subject matter of the set-off or counterclaim does not relate to that department; or

(b) the Crown is sued in the name of the Attorney-General.

Costs

8.  The judge, in the exercise of his discretion as to costs, may take into consideration the extent to which a defendant has or has not availed himself of such of the powers given by the preceding Rules of this Order as were available to him.

(1)

1860 c. 154