What happens if a defence is late?

• A. It is automatically struck out
• B. The court may allow a late defence or impose sanctions
• C. The claimant must restart proceedings
• D. The case goes to trial immediately

Answer: (B)

When a defence is filed late, there isn’t an automatic rule that it's treated as invalid. The court has discretion to decide what to do, aiming to balance fairness and efficient progress of the case. It may allow the late defence to stand, often on terms such as paying the other side’s costs or fixing a new deadline, or it may impose sanctions if the delay caused prejudice or was unreasonable. The key idea is that lateness triggers a judicial decision rather than a fixed consequence.

So, the best description is that the court may permit the late defence or impose sanctions. It isn’t automatically struck out, it doesn’t require the claimant to restart proceedings, and it doesn’t force the case to go to trial immediately without considering the delay and any consequences.