Understanding What a Defence Is
A defence is your formal, written response to a claim made against you in court. In legal terms, it sets out your side of the story – explaining why you disagree with the claim, correcting any errors, or providing your own evidence and arguments. Filing a defence is your main opportunity to tell the court why you should not be held liable for what the claimant is asking.
Filing a defence is crucial if you have been sued. If you do not respond within the required time, the court may enter a default judgment against you. This means the claimant could win their case automatically, often resulting in you being ordered to pay money or take other actions without your side being heard. By submitting a defence, you ensure your voice is part of the process and that the court considers your perspective before making any decisions.
In court proceedings, your defence sets the stage for the rest of the case. It outlines which parts of the claim you admit, deny, or require the claimant to prove. The court uses your defence to identify the main issues in dispute, which helps shape the direction of the case and any future hearings. If you have a counterclaim – meaning you believe the claimant owes you something – you may raise this within your defence as well, though this is a separate process.
The rules for filing a defence are set out in the Civil Procedure Rules 1998. Generally, you must file your defence within 14 days of receiving the claim form. If you file an acknowledgement of service, this period extends to 28 days. Missing these deadlines can have serious consequences, so it’s important to act quickly once you receive court papers.
If you want to learn more about the overall process and what it means to be sued, our guide to defending a claim offers further insights and practical advice. Understanding your rights and obligations at this stage is essential to protecting your interests and ensuring a fair hearing.
When and How to File Your Defence
When and How to File Your Defence
If you have received a claim form, it’s essential to act quickly to protect your rights. Filing a defence is your opportunity to respond to the claim and explain your side of the story. Here’s what you need to know about when and how to file your defence in the UK.
Time Limits for Filing a Defence
You usually have 14 days from the date you receive (are “served with”) the particulars of claim to file your defence. If you need more time to prepare, you can file an “acknowledgment of service,” which extends the deadline to 28 days from the date you received the particulars of claim. These time limits are set out in the Civil Procedure Rules 1998, Part 15. Missing these deadlines can have serious consequences, such as the court entering a default judgment against you, which means the claimant could win the case automatically.
Where and How to Submit Your Defence
Your defence must be submitted to the court handling your case. You can usually do this:
- Online: If the claim was issued through the Money Claim Online service, you may be able to file your defence electronically.
- By post: Send your completed defence form to the court address listed on the claim form.
- In person: Hand your documents in at the court office.
Make sure you also send a copy of your defence to the claimant or their solicitor.
What to Include in Your Defence Statement
Your defence should clearly set out:
- Which parts of the claim you admit, deny, or are unable to admit (because you lack information).
- The facts supporting your version of events.
- Any legal reasons or defences for why the claim should not succeed (for example, if you believe the claim is out of time, or you have already paid).
- Any evidence or documents you intend to rely on.
It’s important to be clear, honest, and thorough. If you disagree with the claim, explain why and provide as much supporting detail as possible. If you have a counter-claim against the claimant, you should mention this in your defence and follow the correct process for making a counter-claim.
Setting Out Your Side of the Story
When writing your defence, use plain language and stick to the facts. Number your paragraphs and address each point raised in the particulars of claim. If you have legal reasons for your defence, state them clearly. For more guidance on the process, you may find it helpful to review the steps to defend a claim, which cover what happens after you file your defence and how to prepare for court.
Why Meeting Deadlines Matters
If you do not file your defence within the required time, the court can enter a default judgment against you. This means the claimant may automatically win the case, and you could be ordered to pay what they are claiming, plus any legal costs. Filing your defence on time ensures your side will be heard and gives you the best chance to resolve the dispute fairly.
For further details on the legal rules and your obligations, you can refer to the Civil Procedure Rules 1998, Part 15, which set out the formal requirements for filing a defence in civil court proceedings.
What to Include in Your Defence
When preparing your defence, it’s important to address the claim carefully and thoroughly. The court expects you to respond to every point made by the claimant, set out your own version of events, and provide any supporting evidence. Below are the key elements to include in your defence:
1. Respond to Each Point in the Claim
Go through the particulars of claim line by line. For each allegation or statement, state whether you admit, deny, or are unable to admit the claim. If you dispute any part, explain your reasons clearly. For example, if the claimant says you owe a specific sum, but you believe the amount is incorrect, state the correct figure and explain why.
2. Raise Factual Disagreements and Legal Arguments
If you disagree with the facts presented by the claimant, set out your version of events. Be as specific as possible – dates, times, and details matter. You can also raise legal arguments if you believe the claim is not valid under the law. For guidance on the formal requirements for defences, see the Civil Procedure Rules 1998, Part 15, which outlines what your defence should include and the time limits for filing.
3. Mention Any Evidence
List any documents, photographs, contracts, or other evidence that support your defence. If you have witnesses, mention this and provide their details if required. You do not need to send all your evidence at this stage, but you should indicate what you have and how it supports your case.
4. Write Clearly and Politely
Your defence should be easy to understand and respectful in tone. Use clear, simple language and avoid unnecessary legal jargon. Number your paragraphs and keep your statements factual – avoid personal attacks or emotional language. This helps the judge and the other party follow your arguments.
5. Consider a Counter-Claim
If you believe you have your own claim against the claimant – for example, if they owe you money or have breached a contract – you can include this in your defence. This is known as making a counter-claim. The court will consider both the original claim and your counter-claim together. For more detail on how counter-claims work and the rules that apply, see the counter-claim section of the Civil Procedure Rules.
Preparing a strong defence not only protects your rights but also ensures that your side of the story is properly considered. Taking the time to address each point, provide evidence, and follow the correct procedures will help your case be heard fairly. If you need more guidance, reviewing the Civil Procedure Rules 1998, Part 15 is a good place to start.
Filing Your Defence: Practical Steps and Tips
Filing Your Defence: Practical Steps and Tips
If you’ve received a claim form, it’s essential to file your defence properly and on time to protect your rights. Here’s a step-by-step guide to help you through the process.
1. Formatting Your Defence Document
Your defence should be clear, well-organised, and set out your response to each point made in the claim. Start by:
- Heading the document with the court name, case number, and the names of the parties involved.
- Numbering each paragraph for easy reference.
- Addressing each allegation in the claim form, stating whether you admit, deny, or require more information about each point.
- Explaining your reasons for disputing any part of the claim, and including any facts or evidence that support your case.
It’s important to be concise but thorough. Avoid emotional language and stick to the facts. If you’re unsure how to structure your defence, reviewing the Civil Procedure Rules 1998 (CPR), Part 15 can provide guidance on what the court expects.
2. Where to Send Your Defence
You can file your defence either:
- By post or in person at the court address listed on the claim form.
- Online, if the claim is issued through the Money Claim Online service or the court’s electronic filing system.
Always check your claim form for specific instructions, as the process can vary depending on the type of claim and the court involved.
3. Keeping Copies for Your Records
It’s crucial to keep copies of everything you send to the court, including your defence and any supporting documents. This helps you:
- Track what you have submitted and when.
- Refer back to your documents if there are any questions or disputes later.
- Provide evidence of your response if needed.
Store these copies safely, either as paper files or digital scans.
4. If You Need More Time to File
Normally, you must file your defence within 14 days of receiving the particulars of claim. However, if you need more time, you can file an acknowledgment of service, which gives you up to 28 days from the date you received the particulars.
The rules for this process are set out in Civil Procedure Rules 1998 (CPR), Part 15, which explains the time limits and steps involved. If you miss the deadline, the court may enter judgment against you, so act quickly if you need an extension.
5. Getting Legal Advice or Help
Filing a defence can be complicated, especially if the claim is for a large amount or involves complex issues. If you’re unsure about any part of the process, consider seeking legal advice. A solicitor or advice centre can help you:
- Understand your rights and obligations.
- Draft your defence effectively.
- Explore related options, such as making a counter-claim or seeking housing assistance if relevant.
Taking the right steps early on can make a significant difference to the outcome of your case. For more detailed guidance on the rules and procedures, refer to the Civil Procedure Rules 1998 (CPR), Part 15.
What Happens After You File Your Defence
After you file your defence, the court will review your response and update both you and the claimant about the next steps. Your defence is a crucial part of the process, as it sets out your side of the story and any evidence you have to support your case.
How the Court Processes Your Defence
Once your defence has been submitted, the court will check that it was filed on time and in the correct format. The claimant will receive a copy of your defence, and the court will consider the issues raised by both sides. The process is governed by the Civil Procedure Rules 1998, which outline the steps courts must follow in civil cases.
The court may then set a timetable for the next stages, which could include exchanging more documents, submitting witness statements, or attending a case management hearing. Sometimes, the court will ask both parties to provide more information or clarify certain points before deciding how the case should proceed.
Possible Next Steps: Hearings and Negotiations
After your defence is filed, several outcomes are possible:
- Negotiation or Settlement: The court may encourage both parties to try to resolve the dispute outside of court, either through negotiation, mediation, or other alternative dispute resolution methods. Settling early can save time and costs.
- Court Hearing: If the case cannot be resolved, the court will usually schedule a hearing. This could be a short preliminary hearing or a full trial, depending on the complexity of the case and the issues involved.
- Directions from the Court: The court might issue directions, which are instructions about what each party needs to do next – such as providing evidence, listing witnesses, or setting deadlines for further submissions.
For more detailed information about what happens after defending a claim, including the court’s decision-making process and possible outcomes, see our dedicated guide.
How to Prepare for Court
If your case is going to a hearing, preparation is key. Make sure you:
- Gather all relevant documents, such as contracts, letters, or receipts.
- Prepare a clear summary of your position and the main points of your defence.
- Organise any evidence and witness statements you plan to rely on.
- Review the Civil Procedure Rules 1998 to understand the court’s expectations and procedures.
- Consider seeking legal advice if you are unsure about any part of the process.
Arriving at court well-prepared will help you present your case confidently and respond to questions from the judge or the other party.
Staying Informed About Your Case
It is important to keep track of all correspondence from the court and the claimant. Missing deadlines or failing to respond to court directions can harm your case. Regularly check your post and email for updates, and contact the court if you are unsure about your case status.
By understanding the process and staying organised, you can protect your rights and ensure your defence is properly considered. If you want to explore more about the steps following your defence, visit our guide on what happens after defending a claim.
Related Issues You Might Face When Filing a Defence
When filing a defence, you may encounter a range of related legal issues depending on your situation. Understanding your rights and knowing where to seek support can make a significant difference to your case.
Tenancy and Housing Disputes
If the claim against you involves your home – such as rent arrears, eviction, or deposit disputes – it’s important to understand your tenant rights. The law provides protections for tenants, including notice requirements and the right to challenge certain types of eviction. The Housing Act 1988 sets out many of these rules, including those for assured and assured shorthold tenancies.
Being involved in a legal claim can also put you at risk of losing your home. If you are worried about eviction or homelessness during this process, you may be eligible for housing assistance. This can include help from your local council or legal advice on your options.
Employment Disputes
If your defence relates to your job – for example, if you are being sued by a former employer or are facing disciplinary action – it’s crucial to be aware of your legal protections. The Employment Rights Act 1996 outlines your rights as an employee, including notice periods, redundancy, and unfair dismissal. For more on how to protect yourself in workplace disputes, see your rights in disciplinary meetings.
Housing Problems Affecting Your Defence
Sometimes, housing problems – like a sudden eviction or unsafe living conditions – can impact your ability to respond to a claim or attend court hearings. If this happens, contact the court as soon as possible to explain your situation and ask for more time. You may also wish to seek housing assistance for urgent support.
Other Legal Notices and How to Respond
It’s common to receive other legal notices while dealing with a claim. For example, if you owe money and the court has made a judgment against you, you might receive a notice from bailiffs. Knowing how to respond is vital to protect your rights and belongings – see our guide on responding to a bailiff notice for practical steps.
If your case involves family matters, such as divorce, you may also encounter court orders about finances or property. Understanding divorce financial orders can help you prepare your defence and ensure fair treatment.
Getting Further Help
If you are unsure about your situation or need step-by-step guidance on responding to a claim, Citizens Advice offers clear, practical information on making and defending small claims. Their resources can help you understand the process, complete forms, and know what to expect.
Filing a defence can feel overwhelming, especially if you are dealing with related issues like housing or employment disputes. Make sure you know your rights by consulting the relevant laws, such as the Housing Act 1988 and the Employment Rights Act 1996, and seek support early to give yourself the best chance of a fair outcome.
