Being Sued

3. Defending the Claim

Only defend the claim if you have good legal reasons for doing so, or if the claimant refuses to accept a reasonable offer.

3.1 You can ask for more details of the claim, including specific answers to specific questions.

3.2 You must file a defence within 14 days of receiving the claim form -- or 28 days if you file an 'acknowledgment of service'.

State in detail why you dispute the claim. It is up to the claimant to prove their case.

• Only cover allegations which have been included in the claim.
• Put forward your own version of what happened, in full. You may include documentary evidence, such as copies of correspondence, witness statements and expert opinions.

3.3 Seek to reduce your costs. Defence costs can be reduced if:

• You can prove the claimant is partly liable.
• A partial admission may bring the claim into a lower track, reducing your liability for costs.
• The claim is issued in the county court, rather than the High Court (see 4.1), as the court fees are lower.
• You agree as much evidence as possible with the claimant before the trial starts. If you have failed to exchange information and documents before the trial, you may be penalised later by having to pay a greater share of the costs. Arguing it all in court is a waste of everybody's time.

3.4 In more complex cases, the best defence can collapse if you cannot afford to run the case.

• Defending yourself may be an option in a straightforward case.