Rule 27

Rule 27 – Examination as to formal requirements of the Statement of defence and Counterclaim for revocation

1. The Registry shall, as soon as practicable after the lodging of the Statement of defence:
   1. examine whether the requirements of Rule 24(a) to (d) have been complied with; and
   2. if the Statement of defence includes a Counterclaim for revocation, examine whether the requirements of Rule 25.1(g) and (h), and the obligation to pay the fee pursuant to Rule 26 has been complied with.
2. If the Registry considers that the Statement of defence or the Counterclaim for revocation does not comply with any of the requirements referred to in paragraph 1, it shall as soon as practicable invite the defendant to:
   1. correct the deficiencies noted, within 14 days of service of such notification; and
   2. where applicable, pay the fee for the Counterclaim for revocation, within said 14 days.
3. The Registry shall at the same time inform the defendant that if the defendant fails to correct the deficiencies or pay the fee within the time stated, a decision by default may be given, in accordance with Rule 355.
4. If the defendant fails to correct the deficiencies or to pay the fee for the Counterclaim for revocation, as appropriate, within said 14 days, the Registry shall inform the judge-rapporteur who may give a decision by default. He may give the defendant an opportunity to be heard beforehand.

Link to this rule | To table of contents