The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note sets out the considerations when seeking to file a defence.
For guidance on drafting a defence, see Practice Note: Drafting the defence.
For guidance on serving a defence, see Practice Note: Serving the defence.
The provisions for filing a defence are set out in CPR 15, CPR 6.35 and CPR PD 6B.
When dealing with a Part 8 claim there is no requirement for a defendant to file a defence. As a consequence, the provisions in CPR 15 do not apply (CPR 15.1). For detailed information on such claims, see Practice Note: CPR Part 8 claims (alternative procedure for claims).
When dealing with a Part 7 claim, where a defendant wishes to defend all or part of the claim, the defendant must file a defence (CPR 15.2).
A defence is not required in the following cases:
where a defendant admits the claim. This should be done in the acknowledgment of service form. For further guidance, see Practice Note: Acknowledgment of service
where a defendant challenges the court's jurisdiction, a defence does not need to be filed before the jurisdiction hearing. For guidance, see Practice Notes: Challenging court jurisdiction—general principles, Challenging court jurisdiction—application under CPR 11 (general considerations) and CPR 11
the claimant applies for summary judgment before the time for filing a defence
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234