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

The following Dispute Resolution practice 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—formalities
  • Specific forms to use
  • Address for service
  • Statement of truth
  • Legal representative’s signature
  • Human Rights Act
  • Formatting
  • Length of the defence
  • Requirements set out in CPR 16
  • Contents specific to the type of claim
  • 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. For more information, see: Court specific guidance.

This Practice Note provides guidance on the formal requirements for drafting a defence under the CPR. For practical guidance on the substantive contents of the defence, see Practice Note: Drafting the defence—drafting tips.

For a generic template for drafting a defence, see Precedents:

  1. Defence (civil claim generic)

  2. Defence and counterclaim (civil claim generic)

For a worked hypothetical example showing how to set out the defence (and preceding and subsequent statements of case) in a debt claim scenario, see Practice Note: Pleading debt claims—worked hypothetical examples.

Specific forms to use

CPR PD 15, para 1.3 provides that 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

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