The Defence Has Landed: What to Do Next in Your County Court Claim

You Have Received a Defence. What Now?

You filed your money claim. The defendant has responded — not with an admission or silence, but with a defence. Your OCMC dashboard now shows a document setting out why the defendant says they do not owe you the money you have claimed.

This is a pivotal moment. It is also entirely normal. A defended claim is not a setback — it is the litigation process working as intended. The court exists to resolve contested disputes, and your case has now formally become one.

This guide explains how to read and understand a defence, what the court expects from you next, and how to prepare for the stages ahead.

How to Read a Defence

A defence is a formal statement setting out the defendant’s response to your claim. Under Part 15 of the Civil Procedure Rules, the defence must:

• State which allegations in the Particulars of Claim are admitted, denied, or neither admitted nor denied
• Set out the defendant’s version of events where it differs from yours
• State any positive case the defendant wishes to advance

When reading the defence, work through it methodically. Use this framework:

Step 1 — Identify Admissions

Look for any facts the defendant admits. Admitted facts are no longer in dispute — you will not need to prove them at a hearing. Common admissions include the existence of a contract, the identity of the parties, or that a payment was made.

Step 2 — Identify Denials

A denial means the defendant disputes a specific allegation. Under CPR Part 16.5, a defendant who denies an allegation must state their reasons for doing so and, if they intend to put forward a different version of events, set out that version.

For each denial, ask yourself:

• Do I have evidence to prove this allegation?
• Is the defendant’s alternative version plausible?
• What documents support my position?

Step 3 — Note Non-Admissions

A non-admission is where the defendant says they neither admit nor deny an allegation — typically because they claim not to have sufficient knowledge. The burden remains on you to prove these matters. Treat non-admissions as issues you will need to address with evidence.

Step 4 — Check for a Counterclaim

The defendant may file a counterclaim alongside their defence. A counterclaim is a separate claim by the defendant against you, arising from the same or related facts. If a counterclaim is filed, you must respond to it — typically by filing a Defence to Counterclaim within 14 days.

Creating a Response Matrix

One of the most effective ways to prepare your response is to create a structured matrix. This allows you to see the entire dispute at a glance:

This matrix becomes your working document for the remainder of the case. It identifies where the real disputes lie and where your evidence needs to be strongest.

The Directions Questionnaire

Shortly after a defence is filed, the court will send both parties a Directions Questionnaire. The form you receive depends on the likely track:

The Directions Questionnaire asks questions about:

• Settlement: Whether you have attempted to resolve the dispute and whether you would agree to mediation
• Track allocation: Your view on which track is appropriate
• Witnesses: How many witnesses you intend to call
• Experts: Whether expert evidence is needed and whether a single joint expert would be appropriate
• Trial length: Your estimate of how long the hearing will take
• Special requirements: Any accessibility needs, interpreter requirements, or other practical considerations

Complete this carefully. The court uses the information from both parties’ questionnaires to allocate the case to the correct track and set directions for the pre-trial stages.

Mediation

The court will ask whether you are willing to try mediation. For small claims, the court offers a free telephone mediation service conducted by HMCTS mediators. For fast track and multi-track cases, private mediation services are available.

Refusing mediation without good reason can have costs consequences, even if you win at trial. The court expects parties to engage genuinely with alternative dispute resolution. If you believe mediation could resolve the matter, say so.

Allocation and Directions

Once the court has received both Directions Questionnaires, a judge will allocate the case to a track and issue directions. Directions are procedural orders that set out the steps each party must take before the hearing.

Typical directions for a small claims case include:

1. Each party to send copies of all documents they intend to rely on to the other party by [date]
2. Each party to send copies of any witness statements to the other party by [date]
3. The hearing is listed for [date] at [court] with a time estimate of [X] hours

For fast track cases, directions are more detailed and may include:

• Standard disclosure (each party discloses relevant documents)
• Exchange of witness statements by a specified date
• Expert evidence directions (single joint expert or separate experts with sequential reports)
• A pre-trial checklist
• Trial window or fixed trial date

Every direction carries a deadline. Mark them all in your case diary immediately.

What Not to Do

Receiving a defence can provoke strong reactions, particularly if you believe the defendant’s version of events is inaccurate or incomplete. Some important guidance:

• Do not contact the defendant directly about the substance of the claim once proceedings are live — all communication should be through the court process or between representatives
• Do not file anything with the court that is not requested — the court will tell you what it needs and when
• Do not ignore the Directions Questionnaire — failure to return it can result in your claim being struck out
• Do not assume the defence is weak simply because you disagree with it — prepare your evidence to address every point

The court’s role is to assess the evidence and apply the law. Your role is to present your case clearly and comply with every direction. The judge will do the rest.

Preparing Your Position

The period between receiving the defence and the hearing is your preparation window. Use it well:

1. Complete your response matrix — map every disputed allegation to your evidence
2. Gather additional evidence if gaps are apparent — the defence may highlight areas where your documentation is thin
3. Draft witness statements — if you or others will give evidence, begin preparing statements in the format the court requires
4. Consider settlement — now that you can see the defendant’s case, reassess whether a Part 36 offer or other settlement proposal is appropriate

For assistance with preparing court documents and structuring your evidence, the eLitigant service helps litigants in person present their case to the standard the court expects. Whether you need to draft a witness statement, prepare a document bundle, or respond to a counterclaim, well-prepared documents assist the administration of justice.

Frequently asked questions

Do I need to formally reply to the defence?

In most county court cases, no formal reply is required, and a claimant who does not file a reply is not taken to admit the matters raised in the defence. However, if there are specific points you wish to clarify or set out your case on, you may file a Reply, which can be a useful tool for narrowing the issues before the hearing.

What happens if the defendant counterclaims?

If the defendant files a counterclaim, you become the defendant to that claim and must file a Defence to Counterclaim, typically within 14 days of receiving it. The counterclaim is heard together with the original claim at the same hearing. If you fail to respond, the defendant may apply for default judgment on the counterclaim.

Can I still settle after a defence is filed?

Yes. Settlement is possible at any stage, including after a defence is filed and right up to the door of the court. The Civil Procedure Rules actively encourage settlement, and a Part 36 offer made after seeing the defence shows you have considered the defendant’s position and are willing to resolve the matter proportionately.

What is the Directions Questionnaire and which form will I get?

Shortly after a defence is filed, the court sends both parties a Directions Questionnaire asking about settlement, track allocation, witnesses, experts and trial length. The small claims form is the N180; fast track and multi-track cases use the N181. Complete it carefully and return it on time — failure to do so can result in your claim being struck out.

What is allocation and why does it matter?

Allocation is the process by which a judge assigns your case to a track — small claims, fast track or multi-track. The track determines the procedural rules that apply, the costs recoverable and the formality of the hearing. Small claims hearings are informal with limited costs exposure; fast track and multi-track cases are more formal with greater potential costs liability.

How should I prepare between the defence and the hearing?

Use the period as your preparation window: complete a response matrix mapping every disputed allegation to your evidence, gather additional evidence where gaps appear, draft witness statements in the format the court requires, and reassess settlement now that you can see the defendant’s case. Mark every direction deadline in your case diary immediately.

Related guides: N180 Directions Questionnaire guide · N181 Directions Questionnaire guide · How to write a witness statement · All civil court forms