Special plea
A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.
Definition
A special plea can raise issues such as jurisdiction, prescription, res judicata, lis pendens, non-joinder, or another defence that should be decided separately or first. The practical review should compare the summons, particulars of claim, plea, relevant documents, dates, prior proceedings, parties, and whether evidence is needed for the special plea.
Key takeaways
A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.
Civil Procedure
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Special defence
Prescription defence
Jurisdiction challenge
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Civil Litigation Consultation Pack: prepare Summons, Notice of motion, Pleadings and identify missing records before legal advice.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Special plea FAQs
What does Special plea mean?
A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.
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