Defending A Claim | The Claim File

When Served

A claim form sets a deadline that runs from the date of service, not the date it is read. Establish the deemed date of service first — the rules for this depend on how the claim was sent — then read the particulars of claim in full before deciding how to respond. There are four options: pay the claim in full, admit it in whole or in part, dispute it by filing a defence, or file an acknowledgment of service to buy time to prepare a defence. Doing nothing results in default judgment against you.

Timelines

The response deadline is 14 days from the date of service. Filing an acknowledgment of service within those 14 days extends the deadline for filing a defence to 28 days from service. There is no further extension available without either the claimant's written agreement or a court order. A defence filed after the deadline risks default judgment being entered before it is received.

Counterclaims

A defendant with a claim of their own against the claimant — arising from the same facts or otherwise — can bring it as a counterclaim, filed alongside the defence using the same response pack. A counterclaim attracts its own court fee, calculated on the value of the counterclaim using the same fee scale as issuing a claim. Where the counterclaim exceeds the small claims track's £10,000 limit, it can affect how the whole case — claim and counterclaim together — is allocated.

Defence Structure

A defence responds to the particulars of claim allegation by allegation: for each numbered point, state clearly whether it is admitted, denied, or not admitted because the defendant cannot confirm or deny it. Where a fact is denied, the defence states the defendant's own version of events in its place — a bare denial without an alternative account carries little weight. Attach or refer to the specific document that supports each disputed point: the contract, an inspection report, correspondence, or photographs.