Define: Hilary Rules

The Hilary Rules, established in 1834, aimed to simplify the strict pleading requirements of the special-pleading system in English law. They restricted the general issue in formed actions and required the defendant to affirmatively present all matters except for denying the breach of duty or wrongful act. However, the rules inadvertently expanded the reach of strict-pleading requirements into new legal areas, leading to widespread dissatisfaction. Eventually, the Hilary Rules were replaced by a more liberalized pleading system under the 1873–1875 Judicature Acts.

The Hilary Rules were a set of English pleading rules introduced in 1834 to ease the strict requirements of the special-pleading system. These rules aimed to limit the scope of the general issue in formed actions and required defendants to affirmatively address all matters except for denying the breach of duty or wrongful act. However, the unintended consequence of the Hilary Rules was the expansion of strict-pleading requirements into new areas of law, leading to widespread dissatisfaction. As a result, the rules were later liberalized under the 1873-1875 Judicature Acts. For example, under the Hilary Rules, if a plaintiff sued a defendant for breach of contract, the defendant had to specifically respond to each allegation made by the plaintiff, either admitting or denying them and providing a specific reason for any denial. This illustrates how the Hilary Rules limited the general issue and compelled defendants to address all matters except for denying the breach of duty or wrongful act.

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This glossary post was last updated: 17th April 2024.