Legal Definitions - New Rules

Definition: New Rules refer to the Hilary Rules, which were a set of English pleading rules created to make the strict pleading requirements of the special-pleading system easier. These rules limited the scope of the general issue in the formed actions and forced the defendant to set up affirmatively all matters other than a denial of the breach of duty or of the wrongful act. They were promulgated in England in the 1834 Hilary Term, following an 1828 initiative to examine procedural laws and other subjects and to report to Parliament changes that might be enacted. However, the rules had the unintended effect of extending the reach of strict-pleading requirements into new areas of law. Widespread dissatisfaction with the Hilary Rules led to the liberalization of the pleading system under the 1873–1875 Judicature Acts.

Example: The Hilary Rules required parties to plead precisely and clarify the issue between them. For instance, if a plaintiff sued a defendant for breach of contract, the defendant had to set up affirmatively all matters other than a denial of the breach of duty or of the wrongful act. This meant that the defendant had to provide a detailed explanation of why they did not breach the contract, such as by arguing that the plaintiff did not fulfill their obligations under the contract.

Explanation: The example illustrates how the Hilary Rules required parties to provide specific details about their claims and defenses. The defendant could not simply deny the plaintiff's allegations but had to provide a detailed explanation of why they did not breach the contract. This made it easier for the court to understand the issues in the case and make a fair decision.