Defence to County Court Claim (England & Wales)

The deadline for filing a Defence in County Court proceedings in England and Wales is set out in CPR r.15.4. The default position is that a defendant must file a Defence within 14 days of being served with the Particulars of Claim. However, if the defendant files an Acknowledgment of Service under CPR r.10.3 within 14 days of service of the Claim Form, the deadline for filing the Defence is extended to 28 days from service of the Particulars of Claim. An Acknowledgment of Service is filed using form N9 and simply buys the defendant additional time — it does not itself admit or deny the claim. The parties may also agree in writing to extend the Defence deadline by up to 28 days under CPR r.15.5(1), although any such agreement must be notified to the court. If the defendant needs longer than this — for example, because the matter is complex or evidence is difficult to obtain — they must apply to the court for an extension of time under CPR r.3.1(2)(a). The consequences of failing to file a Defence in time are severe: the claimant may apply for default judgment under CPR Part 12, which the court can enter without a hearing. A default judgment can be set aside under CPR r.13.3, but only if the defendant can demonstrate a real prospect of successfully defending the claim or shows another good reason why the judgment should be set aside, and the application must usually be made promptly. It is therefore critical to file a Defence within time, even if only a provisional or holding Defence is initially possible.

The content requirements for a Defence are set out in CPR r.16.5 and Practice Direction 15. The Defence must address each and every allegation made in the Particulars of Claim. Under CPR r.16.5(1), for each allegation the defendant must state whether they admit it, deny it, or state that they do not admit it (meaning they neither confirm nor deny it but require the claimant to prove it). Under CPR r.16.5(5), critically, any allegation in the Particulars of Claim that is not specifically addressed in the Defence is taken to be admitted. This means a defendant cannot simply write a general denial — they must go through each numbered paragraph of the Particulars of Claim and respond to it. Under CPR r.16.5(2), if the defendant denies an allegation, they must state their own version of events if it differs from the claimant's. Under CPR r.16.5(3), if the defendant disputes the claimant's statement of value, the Defence must state why and give the defendant's own estimate of value. The Defence must also plead any specific legal defences — for example, limitation under the Limitation Act 1980 must be pleaded (it will not be raised by the court of its own motion). Set-off (where the defendant has a cross-claim that reduces or extinguishes the claimant's claim), contributory negligence (where the claimant's own conduct contributed to their loss), and payment (where the sum has already been paid) must all be expressly pleaded. Finally, the Defence must be verified by a statement of truth under CPR r.22.1, signed by the defendant or their legal representative.

Yes. A defendant in County Court proceedings in England and Wales may bring a counterclaim against the claimant under CPR Part 20. A counterclaim is a separate claim by the defendant against the claimant and is treated as if it were an independent claim, although it is dealt with in the same proceedings. The counterclaim must be included in the same document as the Defence, or filed at the same time, unless the court grants permission to file it later. The counterclaim document should be headed 'DEFENCE AND COUNTERCLAIM' and the counterclaim section must set out the facts and legal basis for the claim against the claimant in the same way as Particulars of Claim. If the counterclaim is for a sum that, together with the original claim, would take the combined value above £10,000, the court may reallocate the proceedings from the small claims track to the fast track. This is significant because the costs regime on the fast track is less protective — the losing party may face a much larger adverse costs order. If you are considering a counterclaim that would push the combined figure above £10,000, it is advisable to seek legal advice before filing, as the upside of recovering more money may be outweighed by the risk of adverse costs if the counterclaim fails. The counterclaim must also be verified by a statement of truth and must be served on the claimant — the court will arrange service if it is filed with the Defence.

Limitation is one of the most powerful defences available in civil litigation. Under the Limitation Act 1980, there are fixed time limits within which a claimant must commence legal proceedings. If a claim is issued after the limitation period has expired, the defendant can plead limitation as a complete defence and apply to have the claim struck out. Unlike some other defences, limitation is not raised by the court of its own motion — the defendant must specifically plead it in the Defence. The key limitation periods under the Limitation Act 1980 are as follows: six years from the date of breach for contract claims under s.5; six years from the date the cause of action accrued for tort claims under s.2; three years from the date of the accident or date of knowledge for personal injury claims under s.11; and six years from the date the cause of action accrued for unjust enrichment claims. The limitation period does not begin to run until the breach or cause of action has accrued — so for a contract claim where payment was due on a specific date, the six-year period runs from that due date, not from when the contract was made. For consumer credit debts, the six-year period typically runs from the date of default. Crucially, the limitation period is not extended by the claimant writing letters, making demands, or taking other non-court action — only issuing court proceedings stops the clock.

A small claims hearing in the County Court is designed to be informal and accessible to litigants in person. Under CPR r.27.8, the court is not bound by the strict rules of evidence and may adopt any method of proceeding that it considers fair. Hearings are typically held in a judge's room rather than a formal courtroom, and the judge will usually hear from both parties directly, ask questions, and then give a judgment either immediately after the hearing or in a written judgment delivered within a few days. To prepare your Defence for hearing, you should start by carefully reviewing the Particulars of Claim and your Defence to confirm they are consistent with the evidence you will present. Gather all relevant documents — contracts, invoices, emails, photographs, receipts, and any expert or specialist reports — and organise them into a paginated bundle that you can refer to easily during the hearing. The court will typically direct parties to file and serve their documents at least 14 days before the hearing date under Practice Direction 27 paragraph 3.1. If you have witnesses who can support your case, they should provide written witness statements. Although small claims hearings are informal, it is important to be organised and to present your case clearly and concisely. Focus on the key facts — what happened, when, what was agreed, what went wrong, and why you are not liable. Avoid irrelevant detail and personal grievances.

Set-off and counterclaim are two related but distinct legal concepts that a defendant can use to reduce or extinguish the claimant's claim. Understanding the difference is important because they have different procedural and practical effects in County Court proceedings. A set-off is a defence — it is an assertion that the claimant is themselves indebted to the defendant, and that the defendant's cross-claim should be used to reduce or extinguish the claimant's claim in the same proceedings. A legal set-off typically arises where both the claimant's claim and the defendant's cross-claim are for liquidated (ascertainable) sums of money. An equitable set-off arises where the defendant's cross-claim is so closely connected with the claimant's claim that it would be unjust to allow the claimant to recover without taking the cross-claim into account — this does not require both claims to be for liquidated sums. Set-off is pleaded as a defence and, if successful, can reduce the claimant's claim to zero without the defendant needing to commence separate proceedings. A counterclaim, by contrast, is an independent claim — it asserts that the defendant has a right to recover money from the claimant that goes beyond merely reducing the claimant's claim. A counterclaim can succeed even if the claimant's claim fails, and can result in judgment being entered against the claimant for the counterclaim amount.