Responding to a claim - Purpose, structure, and content of a defence

Learning Outcomes

After studying this article, you will be able to explain the purpose of a defence in civil litigation, identify the required structure and content of a defence under the Civil Procedure Rules, and apply the correct approach to admissions, denials, and non-admissions. You will also understand the time limits for filing a defence and the consequences of failing to respond properly, as required for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the procedural steps and requirements for responding to a claim in civil litigation. In your revision, focus on:

  • the purpose and function of a defence in civil proceedings
  • the required structure and content of a defence under the Civil Procedure Rules
  • how to respond to each allegation in the particulars of claim (admit, deny, or not admit)
  • the time limits for filing a defence and the effect of acknowledgments of service
  • the consequences of failing to file a defence or respond to allegations
  • the use of counterclaims and set-off in a defence

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What are the three possible ways a defendant can respond to each allegation in the particulars of claim?
  2. How many days does a defendant have to file a defence after service of the particulars of claim if no acknowledgment of service is filed?
  3. What is the consequence if a defendant fails to respond to a specific allegation in the particulars of claim?
  4. What must a defendant do if they wish to bring a counterclaim against the claimant?

Introduction

When a defendant is served with a claim form and particulars of claim, they must decide how to respond. The defence is the formal document in which the defendant sets out their position in relation to the claimant’s allegations. The Civil Procedure Rules (CPR) require the defence to address each allegation, clarify the issues in dispute, and comply with strict time limits. A properly drafted defence is essential to avoid default judgment and to ensure the defendant’s case is heard.

The Purpose of a Defence

The defence serves several key functions in civil litigation. It enables the defendant to:

  • respond to each allegation made by the claimant
  • identify which issues are agreed and which are in dispute
  • set out their own version of events or legal arguments
  • raise any legal defences, such as limitation or contributory negligence
  • bring a counterclaim or set-off if appropriate

A clear and complete defence helps the court and the parties focus on the real issues and can encourage early settlement.

Key Term: defence
A formal document filed by the defendant in response to the particulars of claim, stating their case and responding to each allegation.

Time Limits for Filing a Defence

The CPR set strict deadlines for filing a defence:

  • The defendant must file a defence within 14 days after service of the particulars of claim.
  • If the defendant files an acknowledgment of service, the deadline is extended to 28 days after service of the particulars of claim.

If the parties agree, the deadline for filing a defence can be extended by up to 28 days (total of 56 days from service of the particulars of claim). Any further extension requires a court order.

Key Term: acknowledgment of service
A formal notice filed by the defendant to confirm receipt of the claim and indicate an intention to defend, which extends the time for filing a defence.

If the defendant fails to file a defence within the required time, the claimant may apply for judgment in default.

Key Term: judgment in default
A court order made in favour of the claimant when the defendant fails to file a defence or acknowledgment of service within the prescribed time.

Structure and Content of a Defence

The defence must follow a clear structure and comply with the CPR:

  1. Heading: Include the court, claim number, and names of the parties.
  2. Title: State "Defence" or "Defence and Counterclaim" if applicable.
  3. Response to Allegations: Address each numbered paragraph of the particulars of claim, stating whether it is admitted, denied (with reasons), or not admitted.
  4. Alternative Case: If denying an allegation, provide the defendant’s alternative version of events or legal position.
  5. Legal Defences: Raise any legal arguments relied upon (e.g., limitation, estoppel).
  6. Counterclaim or Set-Off: If the defendant wishes to bring a counterclaim or set-off, include it after the defence.
  7. Statement of Truth: Conclude with a signed statement of truth confirming the accuracy of the defence.

Key Term: statement of truth
A declaration signed by the party or their legal representative confirming that the facts stated in the document are true.

Responding to Allegations: Admissions, Denials, and Non-Admissions

For each allegation in the particulars of claim, the defendant must:

  • Admit: Accept the allegation as true.
  • Deny: Dispute the allegation and give reasons for the denial, setting out the defendant’s alternative case.
  • Not Admit: State that they are unable to admit or deny the allegation and require the claimant to prove it.

Key Term: non-admission
A response where the defendant neither admits nor denies an allegation, putting the claimant to strict proof.

If the defendant fails to respond to an allegation, it will be treated as admitted.

Key Term: counterclaim
A claim brought by the defendant against the claimant within the same proceedings, usually included after the defence.

Legal Defences and Additional Matters

The defence may include legal arguments such as:

  • the claim is time-barred under the Limitation Act 1980
  • the claimant has failed to mitigate their loss
  • the defendant relies on contributory negligence or estoppel

If the defendant wishes to bring a counterclaim or set-off, this must be included after the defence and clearly labelled.

Filing and Serving the Defence

The defence must be filed at court and served on the claimant (and any other parties) within the time limit. If the defendant is represented, the legal representative will usually handle filing and service.

Consequences of Failing to File a Defence

If the defendant does not file a defence within the required time, the claimant may apply for judgment in default. This means the court may order the defendant to pay the amount claimed without a trial.

Amending a Defence

A defence can be amended before it is served without permission. After service, amendments require either the written consent of all parties or the court’s permission.

Worked Example 1.1

A defendant receives particulars of claim alleging breach of contract. The defendant admits some facts, denies others, and is unsure about several allegations. How should the defence respond?

Answer: The defendant should admit the facts they accept as true, deny those they dispute (giving reasons and their alternative case), and state "not admitted" for allegations they cannot confirm, requiring the claimant to prove those points.

Worked Example 1.2

A defendant wishes to bring a claim against the claimant for unpaid invoices related to the same contract. How should this be included in the defence?

Answer: The defendant should include a counterclaim after the defence, clearly labelled "Counterclaim," setting out the facts, legal basis, and amount claimed, and conclude with a statement of truth.

Exam Warning

If a defendant fails to respond to a specific allegation in the particulars of claim, that allegation will be treated as admitted. Always address every numbered paragraph.

Revision Tip

When drafting a defence, follow the order and numbering of the particulars of claim. This ensures clarity and avoids missing any allegations.

Key Point Checklist

This article has covered the following key knowledge points:

  • The defence is the defendant’s formal response to the particulars of claim in civil litigation.
  • Each allegation must be admitted, denied (with reasons), or not admitted (requiring proof).
  • The defence must be filed within 14 days of service of the particulars of claim, or 28 days if an acknowledgment of service is filed.
  • Failure to file a defence allows the claimant to seek judgment in default.
  • The defence should follow the structure and numbering of the particulars of claim.
  • Legal defences, counterclaims, and set-off can be included in the defence.
  • The defence must be verified by a statement of truth.

Key Terms and Concepts

  • defence
  • acknowledgment of service
  • judgment in default
  • statement of truth
  • non-admission
  • counterclaim
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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