How to Write a County Court Defence on Form N9B

A county court defence is not a letter explaining why you disagree with the claimant. It is a formal legal document that must answer every allegation in the Particulars of Claim, point by point, following the rules in CPR Part 16. A defence that fails to address specific allegations risks being struck out — leaving you exactly where you would be with no defence at all.

The Three Responses to Every Allegation

Under CPR Rule 16.5, you must deal with each allegation in the Particulars of Claim using one of three responses:

Admit: You accept that specific fact is true. Admitting individual facts does not mean admitting liability for the whole claim — you might admit that work was carried out but deny that it met the agreed standard.

Deny: You state the allegation is untrue and give your reasons. A bare denial — "I deny this" with no explanation — violates the pleading rules and can be struck out under CPR Part 3. Every denial needs your alternative version of events.

Require the claimant to prove: Where you genuinely do not know whether a fact is true (it is outside your knowledge), you put the claimant to proof. This shifts the evidential burden to them without you admitting or denying something you cannot verify.

Structuring Your Defence

Work through the Particulars of Claim paragraph by paragraph. For each one:

1. State the paragraph number you are responding to
2. Say whether you admit, deny, or require proof
3. If denying, set out your own version of events with dates, amounts, and specifics
4. If you have documents that support your position (invoices, photos, text messages, emails), reference them — you will disclose the actual evidence later

After addressing every allegation, add any positive case of your own — facts the claimant did not mention that affect liability. For example, if a builder is claiming £4,000 for work but left your kitchen half-finished, your defence would deny the work was completed to specification and set out what was not done.

The Statement of Truth

Every defence must end with a Statement of Truth: "I believe that the facts stated in this Defence are true." You sign and date it. Filing a defence with a false Statement of Truth is contempt of court — so only assert facts you honestly believe to be accurate.

Filing and Service

Paper claims: Send the completed Form N9B to the Civil National Business Centre (CNBC) at St Katharine's House, 21–27 St Katharine's Street, Northampton, NN1 2LH. Send a copy to the claimant (or their solicitor) at the same time.

OCMC/MCOL claims: Submit the defence through the online portal. The system serves a copy on the claimant automatically.

Your defence must be filed within 14 days of deemed service, or within 28 days if you have already filed an Acknowledgment of Service.

Common Mistakes That Sink Defences

Emotional arguments instead of factual responses. "This is unfair" is not a defence. "The claimant invoiced £4,000 for kitchen fitting. The work was incomplete: the backsplash tiles were not fitted, the extractor fan was not connected, and two cabinet doors were misaligned. Photographs taken on 15 January 2026 evidence these defects" — that is a defence.

Missing allegations. Any allegation you do not specifically address in your defence is treated as admitted under CPR 16.5(5). If the Particulars of Claim make 12 separate factual assertions, your defence must respond to all 12.

No counterclaim when you have one. If the claimant owes you money from the same dispute, file a counterclaim alongside your defence on the same Form N9B. Filing a counterclaim at this stage requires no court permission and no additional fee beyond the counterclaim court fee. Filing one later requires a separate application on Form N244.

For a full defence drafting framework with worked examples for contractor, landlord-tenant, and vehicle sale disputes, the England & Wales Money Claim Response Guide walks you through the CPR Part 16 requirements step by step.

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