SCHEDULES

F1first schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

F1Special provisions in relation to particular causes

CHAPTER 33 FAMILY ACTIONS

PART IIIDEFENDED FAMILY ACTIONS

33 Notice of intention to defend and defences

1

This rule applies where the defender in a family action seeks—

a

to oppose any crave in the initial writ;

b

to make a claim for—

i

aliment;

ii

an order for financial provision within the meaning of section 8(3) of the Act of 1985; or

iii

F2a section 11 order; or

c

an order—

i

under section 16(1)(b) or (3) of the M1Act of 1985(setting aside or varying agreement as to financial provision);

ii

under section 18 of the Act of 1985 (which relates to avoidance transactions); or

iii

under the Act of 1981; or

d

to challenge the jurisdiction of the court.

2

In an action to which this rule applies, the defender shall—

a

lodge a notice of intention to defend in Form F26 before the expiry of the period of notice; and

b

make any claim or seek any order referred to in paragraph (1), as the case may be, in those defences by setting out in his defences—

i

craves;

ii

averments in the answers to the condescendence in support of those craves; and

iii

appropriate pleas-in-law.

F33

Where a defender intends to make an application for a section 11 order which, had it been made in an initial writ, would have required a warrant for intimation under rule 33.7, the defender shall include a crave in his notice of intention to defend for a warrant for intimation or to dispense with such intimation; and rule 33.7 shall, with the necessary modifications, apply to a crave for a warrant under this paragraph as it applies to a crave for a warrant under that rule.