252Defence arising after action commences

### 252 Defence arising after action commences > > (1)  A ground of defence arising after the commencement of an action but before the defence is delivered may be raised in a defence. > > > (2)  A ground of defence to a set-off or counterclaim arising after it is delivered but before a reply is delivered may be raised in a reply. > > > (3)  If a ground of defence arises after the period during which it may be raised in a defence or a reply under [subrule (1)](#GS252@Gs1@EN) or [(2)](#GS252@Gs2@EN) , the defendant or plaintiff may deliver a further defence or reply setting out the ground – > > > > > > (a) within 8 days after that period has elapsed; or > > > > > > > (b) at any subsequent time, by leave of the Court or a judge. > > > (4)  If a defence which arises after the commencement of an action is raised in accordance with this rule, the plaintiff may file and deliver a notice confessing to the defence, specifying the paragraphs of the defence by which it is raised. > > > (5)  At the expiration of 7 days after the delivery of the confession, the plaintiff may sign judgment for costs up to the time of the pleading of the defence, unless the Court or a judge otherwise orders.