4.17 Default in filing statement of defence
  • (1) A third party defaulting in filing a statement of defence—

    • (a) admits the validity of, and is bound by,—

      • (i) any judgment (whether by consent, default, or otherwise) given in the proceeding; and

      • (ii) any decision on a question specified in the defendant’s statement of claim; and

    • (b) admits liability if a contribution, indemnity, relief, or remedy is claimed against the third party in the defendant’s statement of claim.

    (2) Subclause (1) does not apply in third party proceedings against the Crown, unless—

    • (a) an application is made to that effect and the court orders it; and

    • (b) the application was served on the Crown not less than 5 working days before the day for hearing the application.

    Compare: 1908 No 89 Schedule 2 r 161