For a cover note to be valid the defendant must accept the cover note and rely upon it for his insurance cover.

The extent to which defendants can rely on notices to exclude or limit liability varies from country to country.

The defendants relied on Liparota v. United States in their defense, case involving the fraudulent use of food stamps.

A defendant cannot rely on unpleaded defences or counterclaims, but must if necessary amend his defence.

"It is indeed that independence that both the government and defendants rely upon in every case for a fair and just decision on the merits."

The defendant also relied on the Trojan horse defense by blaming the charges on a computer malware.

It is a general defence upon which a defendant can always rely, regardless of whether the infringing activity is or not covered by a specific exemption.

"A defendant may rely on the presumption of innocence and need do nothing more," the judge noted.

In Wings v. Ellis the defendant mysteriously did not rely upon any such defence.

The defendant may rely on facts which emerge after publication - and in such cases, the length of time before trial may be a positive boon.