Drafting the defence
Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys
Drafting the defence

The following Dispute Resolution guidance note Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Drafting the defence
  • What are the formalities?
  • Specific types of claim
  • Drafting Tips
  • Interest
  • Is the claim one brought as foreign currency?
  • Is there a need to obtain further information?
  • Are there any deficiencies in the pleaded claim(s) which can appropriately/reasonably be attacked?
  • Are there any specific defences that may be available?
  • Are there any specific aspects of causation or the loss generally which can be attacked?
  • more

If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in conjunction with Practice Note: Business and Property Courts—Capped Costs List pilot scheme.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

What are the formalities?

Specific forms to use

The defence may be filed by the defendant using:

  1. Form N9B for a defence and counterclaim for a specified amount of money, or

  2. Form N9D for unspecified amounts and non-money claims

The above two forms should be included within the ‘response pack’ (Form N9) that is served by the court or the claimant with the particulars of claim. The response pack also contains forms for acknowledging service of the claim in question and indicating whether the claim will be admitted or defended.

If the defence does not fit into the above forms, or if the defendant would prefer not to use the above forms, a separate bespoke document can be created by the defendant.

Practical tip: care should be taken to ensure that an adequate defence is filed. If, for example, the defence discloses no