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A defence is the formal document a defendant files in answer to a civil claim. It responds to the claimant’s particulars of claim point by point, saying which allegations are admitted, which are denied, and which the defendant is unable to admit or deny. Where an allegation is denied, the defence should say why and give the defendant’s own version. Filing a defence is how a defendant tells the court and the claimant that the claim is disputed and intends to contest it.

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What a defence has to do

A defence is expected to engage with the claim rather than simply reject it. For each point in the particulars of claim, it should make clear the defendant’s position:
  • Admit the points that are accepted
  • Deny the points that are disputed, with reasons and the defendant’s own account
  • State where the defendant cannot admit or deny a point, for example because they do not know, so the claimant must prove it
A bare denial that gives no reasons is generally not enough. The court expects a defendant to set out the nature of their case.

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Time limits are strict

There are firm deadlines for responding to a claim. If a defendant does nothing within the time allowed, the claimant may be able to obtain judgment by default, meaning they win without the case being argued. A defendant who needs more time can sometimes acknowledge service to extend the period, but the underlying discipline is that the clock runs from service and must be respected.

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Counterclaims

A defendant who believes the claimant owes them something arising from the same or a related matter may bring a counterclaim alongside the defence. This is effectively a claim in the opposite direction, dealt with in the same proceedings.

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Structuring around the claim

Because a defence answers the particulars of claim point by point, it is easier to prepare when the claim itself has been broken down clearly, allegation by allegation. Responding to a well-structured claim is more straightforward than responding to a narrative.
Portia is a document-organisation tool for people handling civil disputes in England and Wales. It is not a law firm and does not give legal advice. Learn what Portia does.