What is the deadline for filing a Defence to a County Court claim?

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.

What must a Defence contain under CPR Part 16?

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.

Can I bring a counterclaim against the claimant when filing my Defence?

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.

What does it mean to plead limitation as a defence, and when does the Limitation Act 1980 apply?

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. Where limitation is pleaded as a defence, the burden is on the defendant to establish that the claim was issued outside the limitation period, and on the claimant to respond (for example by arguing that time did not begin to run until a later date of knowledge under s.14A or by relying on a fraud exception under s.32).

What happens at a small claims hearing and how should I prepare my Defence?

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 ensure 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. If you fail to attend the hearing without prior notice to the court, the judge may proceed in your absence and enter judgment against you under CPR r.27.9.

What is a set-off defence and how does it differ from a counterclaim?

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. In practice, in small claims proceedings, the distinction is sometimes blurred, and defendants often plead both set-off and counterclaim as alternatives to ensure all their rights are preserved.

Defence to County Court Claim (England & Wales) — United Kingdom

Generate a formal Defence to a County Court claim in England and Wales. Respond to each allegation, plead grounds of defence including limitation (Limitation Act 1980), no contract, no breach, payment, and set-off, and optionally bring a counterclaim under CPR Part 20 — fully compliant with CPR Part 15, CPR Part 16, and Practice Direction 15.

What Is a Defence to County Court Claim (England & Wales)?

A Defence to a County Court Claim is the formal document filed by a defendant in response to a claim brought against them in the County Court of England and Wales. It is the defendant's primary statement of case under CPR Part 15 and must be filed within 14 days of service of the Particulars of Claim (or 28 days if an Acknowledgment of Service has been filed). The Defence is the defendant's opportunity to set out their response to every allegation made by the claimant and to assert any legal defences or cross-claims they wish to pursue.

The Defence is governed by CPR Part 15 (Defence and Reply), CPR r.16.5 (Content of Defence), and Practice Direction 15. Unlike the Particulars of Claim, which tells the claimant's story, the Defence must respond directly and specifically to each numbered allegation in the Particulars of Claim. Under CPR r.16.5(5), any allegation that is not specifically addressed in the Defence is taken to be admitted. This is one of the most important procedural traps for unrepresented defendants: a vague general denial will not be sufficient, and any omission will be treated as a concession.

The Defence must comply with CPR Part 22, which requires it to be verified by a statement of truth — a formal declaration by the defendant that they believe the facts stated in the Defence to be true. A false statement of truth can give rise to proceedings for contempt of court under CPR r.32.14, which is a serious criminal matter. The statement of truth transforms the Defence from a mere procedural document into a formal sworn-like assertion of the defendant's account of events.

Where appropriate, the Defence may include a counterclaim under CPR Part 20. A counterclaim is the defendant's own claim against the claimant, pursued in the same proceedings. In the small claims track — which applies to most claims of £10,000 or less — the protective costs rules under CPR r.27.14 limit the adverse costs exposure of both parties, making the small claims track a practical arena for resolving disputes without the fear of substantial legal costs.

When Do You Need a Defence to County Court Claim (England & Wales)?

A Defence must be filed by anyone who has been served with a County Court Claim Form (N1) and Particulars of Claim in England and Wales and who wishes to contest the claim, either in whole or in part. The consequences of failing to file a Defence in time are severe: the claimant may apply for default judgment under CPR Part 12 without any further notice to the defendant. A default judgment registers against the defendant and, if for money, can be enforced by bailiffs (High Court Enforcement Officers), attachment of earnings orders, charging orders over property, or third-party debt orders freezing bank accounts — without the defendant ever having had the chance to put their case.

You will need to file a Defence whenever you have been wrongly sued — for example, where a former business partner has brought an exaggerated or unfounded claim, where a landlord has sued for rent you have already paid, where a trader is claiming for goods or services that were defective or not delivered, or where the claim is simply made up or based on a misunderstanding. Even if you accept that you owe some money, a partial Defence may be appropriate if the amount claimed is overstated, if you have a countervailing claim for poor workmanship or breach of contract, or if the claimant has failed to give you credit for payments already made.

A Defence is also the document in which you must raise the limitation defence under the Limitation Act 1980 if you believe the claim was issued out of time. Limitation is not raised by the court automatically — if you do not plead it, you lose the right to rely on it. Similarly, a Defence is the vehicle for raising set-off (where the claimant owes you money that can be set against their claim) and for denying that any contract was formed, that there was any breach, or that the claimant suffered the losses they allege.

For small claims — those with a value of £10,000 or less — the filing of a Defence triggers the court's allocation process, and the claim will generally be allocated to the small claims track under CPR Part 27. This is significant because the costs rules on the small claims track are highly protective: in most cases, legal costs are not recoverable on the small claims track regardless of the outcome, save for fixed commencement costs and any costs award for unreasonable conduct under CPR r.27.14.

What to Include in Your Defence to County Court Claim (England & Wales)

A properly drafted Defence for County Court proceedings in England and Wales contains six key elements, each serving a specific function under CPR Part 15, CPR r.16.5, and Practice Direction 15.

The first element is the court heading. The Defence must be headed with the name of the County Court, the claim number, the names of the claimant and defendant exactly as they appear on the Claim Form, and the title 'DEFENCE' (or 'DEFENCE AND COUNTERCLAIM' where a counterclaim is included). An incorrect claim number can delay processing of the Defence.

The second element is the paragraph-by-paragraph response to the Particulars of Claim. Under CPR r.16.5(1), the defendant must address every numbered paragraph of the Particulars of Claim and state for each whether it is admitted, denied, or not admitted. Denial requires the defendant to state their own version of events under CPR r.16.5(2). 'Not admitted' is used where the defendant has no information about the allegation and is putting the claimant to proof — it is a neutral position, not an admission. The paragraph-by-paragraph response is the most important part of the Defence and the area where most unrepresented defendants make procedural errors by being too general.

The third element is the specific legal defences. These must be expressly pleaded — they are not raised by the court of its own motion. The key specific defences are: limitation under the Limitation Act 1980 (the claim is out of time); no contract (there was no legally binding agreement between the parties, for example because there was no offer, acceptance, consideration, or intention to create legal relations under the common law of contract); payment (the sum claimed has already been paid in full or in part); set-off (a cross-claim that extinguishes or reduces the claimant's claim); and contributory negligence (the claimant's own conduct contributed to their loss, which reduces damages under the Law Reform (Contributory Negligence) Act 1945).

The fourth element is the documents in support. Practice Direction 27 paragraph 3.1 requires parties to file and serve copies of documents they intend to rely on at least 14 days before the hearing. Identifying these in the Defence gives early notice to the claimant and the court.

The fifth element, where applicable, is the counterclaim section under CPR Part 20. A counterclaim asserts that the defendant has their own independent claim against the claimant and must be pleaded with the same specificity as Particulars of Claim — setting out the facts, the legal basis, the amount claimed, and the remedy sought.

The sixth element is the mandatory statement of truth under CPR r.22.1. The Defence must be signed by the defendant with the prescribed wording confirming they believe the facts stated are true. The statement of truth is not a formality — a false statement can give rise to contempt of court proceedings. Without a statement of truth, the Defence is defective and may be struck out.

What Is a Defence to County Court Claim (England & Wales)?

When Do You Need a Defence to County Court Claim (England & Wales)?

What to Include in Your Defence to County Court Claim (England & Wales)

Frequently Asked Questions

Related Documents

Particulars of Claim — Small Claims Track (England & Wales)

Letter Before Action (UK)

Mediation Agreement (UK)

Letter Before Action — Demand for Payment (UK)

Debt Verification Letter (England & Wales)