defence in CIVIL PROCEEDINGS a defence may be one of the following:

(i) a traverse, i.e. a formal denial of an alleged fact; (ii) a denial of the plaintiff's claim; (iii) an allegation of COUNTERCLAIM; (iv) a CONFESSION AND AVOIDANCE; (v) a statement of defence raising an objection in point of law to the effect that the facts alleged, even if established, do not

120

delict

disclose a good cause of action. In Scottish written civil pleadings, a defender lodges written defences. In the SHERIFF court there is an intermediate pleading, called a NOTICE OF INTENTION TO DEFEND.

In criminal matters there is no written defence; a defence is raised by the plea of not guilty. In Scottish solemn criminal procedure, there are certain special defences that require to be lodged timeously in writing: ALIBI, incrimination (see INCRIMINATE), INSANITY and SELF- DEFENCE.

• Court of Justice of the European Union
• Court of Session
• Court of the Arches
• Coutume de Normandie
• covenant
• crave
• credibility
• credit
• creditor
• crime
• Criminal Cases Review Commission
• Criminal Defence Service (CDS)
• criminal injuries compensation
• criminal legal aid
• cross-examination
• Crown
• Crown Agent
• Crown Court
• Crown Office
• Crown proceedings
• Crown Prosecution Service (CPS)
• CRU
• crystallisation
• CSA
• culpable homicide