Defence (Form N9)

The defendant's reply, and the fork in the road: respond properly and the case gets tested on its merits; ignore it and judgment can be entered without a hearing.

How long do I have to file a defence?

Fourteen days from the date the particulars of claim were served. If you file an acknowledgment of service within those 14 days, the period extends to 28 days from service of the particulars. The parties can also agree an extension of up to 28 further days between themselves under CPR 15.5, provided the court is told in writing.

What happens if I do nothing?

The claimant can ask the court to enter default judgment. That is a judgment against you without any consideration of whether the claim was good, and it can be registered against your name and enforced. It can sometimes be set aside under CPR Part 13, but that means an application, a fee, and persuading a judge you have a real prospect of defending the claim or that there is some other good reason.

Can I admit part of a claim and defend the rest?

Yes, and it is common. The response pack lets you admit a specified sum, offer terms of payment for the admitted part, and defend the balance. Admitting what is genuinely owed narrows the hearing to the real dispute and usually reads well to a judge. It also stops interest and enforcement risk running on the part you were never going to win.

What is a counterclaim, and should I make one?

A counterclaim is your own claim against the claimant, brought in the same proceedings using the same N9B form. It is the right route where the claimant owes you money arising from the same or a related dispute, for example where defective work caused you loss. A counterclaim attracts its own court fee based on the amount claimed, and it is decided alongside the original claim.

Does a defence have to be on the form?

The form is the standard route and its structure prompts you to say what you need to say, but you can attach a separate document if the defence needs more room. Whichever way you do it, the defence must be verified by a statement of truth and must respond to the claimant's allegations rather than simply asserting a different version of events.

Can I file a defence late?

You can file a defence at any time before default judgment has actually been entered, and a late defence filed before that point is generally accepted. Once judgment has been entered, the route is an application to set it aside instead. The safe course is to file something within the deadline even if it is not as polished as you would like, and to seek permission to amend later if needed.

What a defence is for

When a claim form is served, the defendant receives a response pack. It contains an acknowledgment of service (N9), an admission form, and a defence and counterclaim form — N9B for claims for a specified sum of money, N9D where the amount is not yet fixed. The pack exists because the court needs to know, quickly, whether there is actually a dispute.

A defence is not a place to vent. Under CPR 16.5 it has a specific job: for each allegation in the particulars of claim, you must either admit it, deny it and say why, or require the claimant to prove it. An allegation you fail to deal with may be taken as admitted. That rule is the reason a defence written as a general narrative — however sincere — often leaves the defendant worse off than a plainer one that works through the claim point by point.

The other purpose of the defence is practical. It is the document the judge reads alongside the particulars to work out what is genuinely in issue, and it drives everything that follows: the

, what evidence is needed, and how long the hearing will take.

The response options

• Admit the whole claim.
• You accept the money is owed. You can ask to pay by instalments, in which case the court or the claimant considers your income and expenditure before setting terms.
• You accept part of the sum and defend the rest. The admitted part can be paid or judgment entered on it; the disputed balance proceeds.
• Defend the whole claim.
• You dispute liability, or the amount, or both, and set out your reasons on the N9B.
• Defend and counterclaim.
• You dispute the claim and also claim money from the claimant arising out of the same facts, paying the counterclaim fee.
• Filing the acknowledgment of service within 14 days buys you until 28 days from service of the particulars to file the defence itself.
• Dispute the court's jurisdiction.
• A narrower route under CPR Part 11 where you say the court should not be hearing the claim at all — rare in small claims, but it exists.

Take the particulars of claim and work through them in the same order, using the claimant's paragraph numbers. For each point, state your position and, where you deny something, give the reason. “Denied. The parties agreed a fixed price of £4,200 by email on 3 March 2026; no variation was ever agreed in writing or otherwise” does the job. “This is completely untrue” does not.

Separate the facts you can prove from the arguments you want to make. A defence that says what happened, with dates, and identifies the documents that show it, gives the judge something to work with. Save characterisation of the other side's behaviour for the hearing, or better, leave it out entirely — judges tend to discount it and it distracts from the points that matter.

Be realistic about what you are defending. A defence that disputes every penny of a claim where part of the debt is plainly owed puts your credibility on everything else at risk. Admitting the indefensible part is not a concession of weakness; it is the move that makes the rest of your defence believable.

Finally, sign the statement of truth only when the document is accurate. The same rule that applies to claimants applies here: a statement of truth signed without honest belief in its contents can be treated as a contempt of court.

A builder claims £5,400 for a bathroom refit. The homeowner accepts the work was done and that £3,000 remains unpaid on the agreed price, but says the tiling was laid unevenly, that a plumber charged £900 to correct a leaking waste connection, and that the claimant added £1,200 of “extras” never agreed in writing.

Denied — unagreed extras

Claimant put to proof

Counterclaim — remedial plumbing

Rather than filing a general denial, the homeowner admits £3,000, denies the £1,200 extras with the reason that no variation was agreed, requires the claimant to prove the remaining £1,200 of the bill, and counterclaims £900 for the remedial plumbing with the invoice attached.

Directions questionnaire (N180)

Guide: I'm Being Taken to Small Claims Court. What Happens If I Do Nothing?

CPR Part 15 — defence and reply

CPR Part 16 — statements of case

CPR Part 13 — setting aside default judgment

Form N9B — defence and counterclaim

Respond to a court claim for money

Defence (Form N9) — Small Claims Glossary

What the N9 response pack contains, the 14 and 28 day deadlines, how to admit, defend or counterclaim, and what a well-drafted defence needs to do.