## **Learning Outcomes**

This article explains how to respond to a claim in civil litigation, including:

- Purpose of a defence and crystallisation of live issues for case management
- CPR requirements for the content of a defence, including the need to plead positive cases and affirmative defences
- Correct approach to admissions, denials, and non‑admissions under CPR 16.5, including money claims and allegations requiring particularity
- Calculation and management of time limits for filing a defence, including the effect of acknowledgments of service and agreed extensions under CPR 15.5
- Consequences of failing to respond properly (default judgment) and principles for setting aside under CPR 13
- Counterclaims, set‑off and additional claims under Part 20, and when permission is required
- Requests for further information under Part 18 to clarify opponents’ cases and the usefulness of a reply to defence
- Disputing the court’s jurisdiction under Part 11 and the interaction with filing a defence
- Verification of statements of case with a statement of truth and consequences of false statements

## **SQE1 Syllabus**

For SQE1, you are required to understand the procedural steps and requirements for responding to a claim in civil litigation, with a focus on the following syllabus points:

- 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
- agreeing and recording extensions of time to serve a defence (CPR 15.5) and when to apply to court
- the role of a reply to defence and requests for further information (Part 18)
- when and how to dispute jurisdiction (Part 11) and the impact on filing a defence
- the principles for setting aside default judgments (CPR 13) and promptness

## **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. Alongside filing a defence, a defendant may also admit all or part of the claim (Part 14), file an acknowledgment of service to extend time to defend (Part 10), make a request for further information (Part 18), or dispute the court’s jurisdiction (Part 11).

## 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. It also underpins proportionate case management by enabling the court to allocate the claim to the appropriate track, make disclosure and evidence directions, and encourage ADR where suitable.

> **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.

Where an extension is agreed, the defendant must notify the court in writing in accordance with CPR 15.5. If agreement cannot be reached, an application to extend time should be made promptly, supported by evidence explaining the need.

> **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.
>
> **Key Term: default judgment**
> A judgment entered because a party has failed to take a required procedural step (usually failing to acknowledge or defend), without determination of the merits.

Time limits are calculated in “clear days” (CPR 2.8). The day of service is excluded, and if the end of a period falls on a day when the court office is closed, time expires on the next business day. The 28‑day period runs from service of the particulars of claim, not from service of the claim form where particulars are served later.

## 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.

In addition to the structure:

- CPR 16.5 requires the defendant to state, for each allegation, whether it is admitted, denied with reasons, or not admitted, requiring proof. A bare denial is insufficient; where an alternative version of events is relied upon, it must be pleaded.
- For money claims, any allegation relating to the amount of money claimed is taken to be not admitted (and must be proved) unless expressly admitted.
- Failure to deal with an allegation may result in it being treated as admitted (CPR 16.5(5)). Systematically following the particulars of claim by paragraph helps prevent accidental admissions by omission.
- Affirmative defences (e.g., limitation under the Limitation Act 1980, contributory negligence, mitigation of loss, estoppel, illegality) must be pleaded, or they may be treated as waived.
- Allegations of fraud, dishonesty or misrepresentation must be pleaded with particularity, identifying the facts and matters relied upon.

Where particulars lack clarity or detail, the defendant may serve a proportionate request for further information under Part 18 and, if necessary, seek an order requiring a reply.

## 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.

Non‑admissions should be used appropriately. Overuse, or using them to avoid pleading a known positive case, is improper. If the defendant has knowledge enabling a reasoned denial and alternative case, that must be pleaded. Where an allegation concerns quantum in a money claim, it is deemed not admitted unless expressly admitted, but a defence should still engage with quantum, identifying items admitted and those disputed with alternative figures.

In personal injury claims, where a medical report and a schedule of loss are served, the defence should state which aspects of the report are agreed or disputed (with reasons) and address each head of loss by admitting, disputing (with alternative figures where possible), or not admitting.

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
- any contractual exclusions or limitation of liability clauses relied upon
- set‑off (legal, contractual, or equitable) against sums claimed

If the defendant wishes to bring a counterclaim or set-off, this must be included after the defence and clearly labelled. A counterclaim is treated as a separate claim and should be pleaded much like particulars of claim, including the remedy sought and a statement of truth. Permission is not required if it is filed at the same time as the defence; otherwise, permission of the court is needed (CPR 20.4). If the defendant seeks a contribution or indemnity from a co‑defendant or a non‑party, this is an “additional claim” under Part 20. Permission is required to join a new party as part of an additional claim (CPR 20.5).

A reply to defence is optional. It may be used to address genuinely new matters that arose only in the defence. If no reply is filed, the allegations in the defence are treated as put in issue, not admitted.

## 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. Ensure that service is effected at the opponent’s nominated address for service or their solicitor’s address where authorised.

If the defendant intends to dispute the court’s jurisdiction, they must first file an acknowledgment of service indicating an intention to contest jurisdiction and then, within 14 days thereafter, apply under Part 11 for an order declaring that the court has no jurisdiction or should not exercise it. Filing a defence on the merits before making a Part 11 application may amount to submission to the jurisdiction.

Verification by statement of truth is mandatory. False statements verified by a statement of truth may lead to contempt proceedings (CPR 32.14).

## 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. Default judgment cannot be obtained in certain cases (e.g., claims under the Consumer Credit Act 1974, Part 8 claims, or where a practice direction forbids it).

Setting aside default judgment:

- The court must set aside a judgment that was wrongly entered (mandatory ground), for example, if judgment was entered before the time for defence expired or where an acknowledgment/defence had been filed in time.
- The court may set aside or vary a default judgment (discretionary ground) if the defendant has a real prospect of successfully defending the claim or there is some other good reason to set aside, including prompt action after learning of the judgment.

Promptness is critical. The application should be supported by evidence explaining the default and exhibiting a draft defence with a real prospect of success.

## 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 (CPR 17). The court will consider all the circumstances, including the overriding objective, reasons for the amendment, timing, and potential prejudice. Where a new cause of action is proposed after the limitation period has expired, permission may be curtailed unless an exception applies.

### **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.

### **Worked Example 1.3**

**The particulars of claim are served on Monday 6 January. The defendant files an acknowledgment of service on 13 January but needs more time to prepare a defence. What options are available and what must be done?**

> **Answer:** Filing the acknowledgment extends time to 28 days after service of the particulars (to 3 February). The parties may agree an extension of up to a further 28 days under CPR 15.5 (to as late as 3 March). Any agreement must be in writing and the defendant must notify the court. If more time is needed, an application to court should be made before expiry, explaining why an extension is necessary.

### **Worked Example 1.4**

**A defendant was abroad when the particulars of claim were served. On return they discover default judgment has been entered. They have a factual defence that appears strong. How should they proceed?**

> **Answer:** Apply promptly to set aside the default judgment under CPR 13.3, exhibiting a draft defence that has a real prospect of success and explaining the good reason for the default (being abroad and unaware). If judgment was entered prematurely or service was defective, the court must set it aside under CPR 13.2.

### **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.
- Parties can agree an extension of up to 28 days under CPR 15.5; further time requires a court order.
- Failure to file a defence allows the claimant to seek judgment in default; mandatory and discretionary routes exist to set aside.
- The defence should follow the structure and numbering of the particulars of claim and must plead affirmative defences.
- Legal defences, counterclaims, set-off and additional claims against third parties can be included in or after the defence (Part 20).
- A reply to defence is optional and should be used to address genuinely new matters only.
- Requests for further information (Part 18) can be used where statements of case lack clarity.
- The defence must be verified by a statement of truth; false statements risk contempt.
- A defendant intending to dispute jurisdiction must proceed under Part 11 and avoid submitting to the merits before doing so.

## **Key Terms and Concepts**

- defence
- acknowledgment of service
- judgment in default
- default judgment
- statement of truth
- non-admission
- counterclaim

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