N9B Defence form. How to fill it in and what to say.

You've received a court claim. Now you need to file a Defence. The form you'll use is called the N9B. It's the official Defence and Counterclaim form, and it's the backbone of your response to the court. Get this right and you've bought yourself time and a fair hearing. Get it wrong and you risk having judgment entered against you without ever being heard.

Here's how to fill it in.

The short version

The N9B is a formal response form that tells the court exactly how you respond to each allegation the claimant has made against you. For every claim, you either admit it, deny it, or require the claimant to prove it. You can't ignore allegations or give vague answers; the rules require specificity.

You file it within 14 days of being served with the claim, or within 28 days if you filed an N9 acknowledgment of service first (which buys you two extra weeks to prepare).

If the claimant has a claim against you as well, you can add a counterclaim in the same form. At the end you sign a Statement of Truth under penalty of contempt. Then you serve it back on the other side and file it with the court.

At a glance

What the N9B actually is

The N9B is not a letter. It's not a memo explaining your side of the story. It's a formal response document that binds you to your answers. Every answer is made under oath via the Statement of Truth at the end. That means:

• Dishonesty = contempt of court, which can result in a fine or jail time.
• Vague answers that avoid saying yes or no = a procedural breach that the court can sanction.
• Answers that contradict evidence you later file = damage to your credibility.

The form exists to make you commit. The court uses it to understand how much of the claim is actually in dispute. If you admit every allegation, there's nothing left to fight about. If you deny everything, you're saying the claimant has fabricated the whole thing. The truth is usually somewhere in between.

Civil Procedure Rules Part 15 and Part 16

The rules that govern defences are written down. You don't need to memorise them, but you should know they exist and that the court will check whether your defence complies.

Part 15 covers the procedural side: when you have to file it, how it has to be served, what format it takes.

Part 16 covers the substantive side: how you have to respond to allegations. The key rule is CPR 16.5, which says:

"In responding to an allegation, the party must either admit, deny or require proof of that allegation."

That rule is stricter than it sounds. You can't say "I don't remember" and leave it at that. You can't say "I might have done that". You have to choose one of three positions: yes, no, or I can't reasonably admit or deny this so you have to prove it.

How to address each paragraph of the Particulars of Claim

The claimant's claim is laid out in numbered paragraphs. Your defence responds to them in the same order. Here's how.

Paragraphs you admit

Write: "The defendant admits paragraph [number]."

Example: If the claimant alleges "On 15 June 2024 the defendant agreed to sell a bicycle for £150" and that's true, you write "The defendant admits paragraph 3."

When you admit a fact, you don't dispute it. It becomes proven. The claimant doesn't need to provide evidence for it. So only admit what you genuinely agree with. If part of a paragraph is true and part is not, say "The defendant admits paragraph 5 insofar as it alleges [the true part] but denies the remainder."

Paragraphs you deny

Write: "The defendant denies paragraph [number]."

If the claimant alleges "The defendant promised to deliver the bicycle on 20 June" and you didn't promise that, you deny it.

But here's the catch: a bare denial is not enough. CPR 16.5(3) says that a denial must include your positive case. You can't just say "I deny it". You must say what actually happened.

Example of insufficient defence: "The defendant denies paragraph 4."

Example of sufficient defence: "The defendant denies paragraph 4. The defendant did not promise to deliver on 20 June. The defendant offered to deliver on 20 June only if the purchase price was increased to £200, which the claimant refused."

That second version tells the court what the defendant's account is. It gives the other side a clear target to defend against. It tells the judge what to decide.

Paragraphs you can't admit or deny

Write: "The defendant cannot admit or deny paragraph [number] as the defendant has no knowledge of the facts alleged."

Use this when the claimant makes an allegation about something you genuinely don't know about, and you have no way of knowing. It puts the burden on the claimant to prove it.

Example: "The defendant cannot admit or deny paragraph 7. The claimant alleges he suffered loss of earnings, but the defendant has not seen payslips or employment contracts and has no knowledge of the claimant's actual employment status or earnings history."

That's not evasion. That's saying the facts are within the claimant's knowledge, not yours, so the claimant has to prove them.

Allegation of law, not fact

If a paragraph states a legal conclusion rather than a fact, you can respond differently. For example, if a paragraph says "The defendant was in breach of contract", that's a legal conclusion (the breach is what you have to prove or disprove at trial). The relevant facts will be in other paragraphs. You don't need to respond "the defendant denies the breach" to the legal conclusion itself. You respond to the factual allegations that underpin it.

What makes a strong defence

A strong defence shows the court that there are real issues to be tried. It does four things.

First, it's specific. Not "I didn't do it" but "I did not receive the invoice, and the claimant has failed to produce any evidence of posting it, so I was unable to pay by the date demanded."

Second, it identifies precisely which facts are in dispute. If the claimant says you agreed to deliver on 20 June and you say you agreed to deliver "within 10 working days of payment", the defence says exactly that. No ambiguity.

Third, it references dates, documents, and evidence where you have them. "The defendant's email of 8 July 2024, a copy of which is attached, confirms that the defendant offered alternative performance." Judges take note of litigants who cite documents. It shows you're not making things up.

Fourth, it's proportionate. A £1,000 claim doesn't need a 10-page defence with 50 paragraphs of explanation. A complex commercial dispute needs a detailed one. Match the complexity of your response to the scale of the claim.

Weak defences look like this: denying everything because you're angry. Admitting half without understanding what you're admitting. Saying "I want a hearing" without saying what's actually in dispute. Claiming memory loss about every material fact. Submitting a defence that contradicts documents the other side already has.

What makes a weak defence

A weak defence either fails to engage with the claim or engages so vaguely that the court can't understand what the dispute is.

Common weaknesses:

Bare denials. "Paragraph 4 is false" without saying what the true version is. CPR 16.5(3) forbids this. The court may strike out your defence or order you to file a new one.

Evasion. "The claimant will have to prove their case" might be technically true but it's not a defence. You have to tell the court your account of what happened.

Contradictions. Your defence says one thing; your emails say another. The court will prefer the email. You'll lose credibility.

Vagueness about dates and figures. "Sometime in summer" when the claim specifies "12 July". "About £2,000" when the claim specifies "£2,345.67". That's non-responsive.

Claims of total ignorance on every material point. If you're saying "I don't know what the claimant is talking about" for paragraphs 1-10, the court will wonder if you're genuinely being sued or if something else is wrong. Consider whether you've been properly served (if not, that's a separate procedural point).

Over-complication. Throwing in every grievance you have against the claimant, every other incident they've caused, and every reason they're generally awful. Stick to what's relevant to the claim you're defending.

Counterclaim section (N9B Part B)

The N9B has two parts. Part A is your defence. Part B is for a counterclaim.

A counterclaim is your own claim against the claimant, arising from the same facts. If the claimant sues you for not paying a £1,000 invoice, and you counterclaim that they owe you £800 for defective work, that's a counterclaim. It goes in Part B of the same form.

You don't have to file a counterclaim. If you're purely defending, you leave Part B blank. If you have a claim of your own, you can add it here.

The counterclaim must be pleaded just as carefully as your defence: specific facts, dates, figures, allegations either admitted or denied. The claimant will respond to it in a reply (the N9A).

Counterclaims can reduce the net amount the court awards. If you're sued for £1,000 and you counterclaim for £800, the judgment might be £200 in the claimant's favour. It can also mean you get something back even if you lose the main claim (rare, but possible in commercial disputes).

If your counterclaim is very large or complex, you might set it out in a separate Counterclaim form (the N9C) instead of Part B of the N9B. Your solicitor would advise. For most small claims, Part B is sufficient.

Statement of Truth

At the end of the form is a Statement of Truth. It reads something like this:

"I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a Statement of Truth without an honest belief in its truth."

You must sign it and date it. If you're a company, an officer of the company signs it. If you're an individual, you sign it. If you have a solicitor, the solicitor can sometimes sign it on your behalf but only if you've given them the authority to do so.

Signing a Statement of Truth is serious. You're telling the court that what you've said is true, not guesswork, not approximately true, but honestly true. If you don't believe what's in the defence, don't sign it. If later evidence shows you lied in the defence, that's contempt of court.

In practice, most defences are honest and most parties don't lie because the consequences are severe. But the court takes the Statement of Truth very seriously. It's not a formality.

Deadline: 14 days or 28 days

The standard deadline is 14 days from the date the claim was served on you. Service means the court or the other side's solicitor has delivered the documents to you in a way that complies with the court rules.

Service methods include:

• Royal Mail (deemed served 2 business days after posting)
• Courier (deemed served when left at the address)
• Email (if you've agreed to accept service by email)
• Personal delivery (served immediately when handed to you)

If the last day of the 14-day period falls on a weekend or bank holiday, the deadline extends to the next working day.

You can buy an extra 14 days if you file an N9 acknowledgment of service within the first 14 days. The N9 is a one-page form saying "I acknowledge I've been served and I'm filing a defence". Once you file it, your deadline for the full defence becomes 28 days from the original service date.

This two-stage approach is common. Most defendants file the N9 first (quick paperwork), then spend the next two weeks gathering documents and drafting the defence properly.

Missing the deadline is a serious procedural breach. The claimant can ask the court to enter judgment in default, which means the court awards the full amount claimed without ever hearing your side. You can apply to set aside that judgment, but it costs money and the court has to be convinced you have a real defence and it was an honest mistake.

How to send it back

Once you've completed the form and signed the Statement of Truth, you need to serve it on the claimant and file it with the court.

Serving the claimant means:

• If the claimant has a solicitor, send it to the solicitor's address (email, post, or courier depending on what's agreed).
• If the claimant is unrepresented, send it to the claimant's home address.

Filing with the court means:

• Sending it to the court that issued the claim (usually the local court for the district where the claimant or defendant lives, or where the cause of action occurred).
• If the claim was issued in the County Court Online (CCOL), you can file electronically via the same portal.

You must keep a copy for your files and proof of service (a note of when and how you sent it). If you're unsure of the court's address, it will be on the claim form. If you're unsure of the claimant's solicitor's address, it will be on the claimant's documents.

What happens after the defence is filed

Once the court receives your defence, it takes several steps.

First, it issues a Directions Questionnaire (form N180 or N181 depending on the track). This form goes to both sides and asks questions about the case: how many witnesses, how many documents, what is the value of the claim, how long will trial take, is alternative dispute resolution (mediation, negotiation) possible.

Both sides complete and return the questionnaire within 28 days. The court uses the answers to allocate the case to a track.

Small claims track: claims up to £1,000, limited costs recovery, simple procedure, trial in front of a judge without a jury.

Fast track: claims up to £100,000, fixed costs, tight timescales, trial within about 30 weeks.

Multi-track: claims over £100,000 or cases with complex issues, flexible directions, bespoke timetable, trial date agreed by the parties and court.

Once the track is set, the court issues Directions. These are instructions about what each side must do, by when. Typical directions include:

• File and serve a witness statement by [date]
• File and serve disclosure (copies of all relevant documents) by [date]
• Serve expert evidence by [date]
• Attend a case management conference (a hearing where the judge checks progress) on [date]

Failure to follow directions can result in sanctions, including striking out your defence or costs orders against you. Once directions are issued, the case is in active management. You need to comply with every deadline.

Common mistakes filing N9B

Mistake 1: Not addressing every paragraph. The claimant's Particulars of Claim might have 20 paragraphs. Your defence must respond to all 20. If you miss some, the court may treat them as admitted. Always number your responses to match the claimant's paragraph numbers.

Mistake 2: Filing a general denial without your positive case. "The defendant denies the allegations" is not a defence. The court needs to know what you say actually happened. Go through each paragraph and state your version.

Mistake 3: Forgetting the Statement of Truth. An unsigned defence is invalid. If you don't sign it, the claimant can apply to strike it out.

Mistake 4: Filing it late. 14 days is firm. If you're going to miss it, file an N9 within 14 days to buy yourself time. Don't just miss the deadline and hope the court forgets.

Mistake 5: Contradicting your own documents. If your defence says "I never agreed to 20 June delivery" but your emails say "I'll deliver 20 June, price £150", the court will trust the email, not the defence. Be honest in your defence.

Mistake 6: Making allegations against the claimant that aren't relevant to the claim. This is not the place to air all your grievances. Stick to the substance of the claim being defended.

Mistake 7: Overloading the form with exhibits. You can attach documents, but only if they're necessary to understand your defence. A 50-page attachment to a £500 claim is overkill. Keep it proportionate.

Mistake 8: Admitting things you don't actually agree with because you want to get the form filed quickly. Once you admit something, you've admitted it. The court will hold you to it. Take time to read each allegation carefully.

Mistake 9: Using obscure language or legal jargon you don't understand. Write in plain language. "I did not promise to deliver by 20 June" is better than "The defendant abjures the alleged temporal obligation". The court appreciates clarity.

Mistake 10: Filing the defence but not serving a copy on the claimant. The claimant has a right to know your defence. Failure to serve properly is a procedural breach. Always serve a copy on the other side.

Common misconceptions

"I can change my defence later." Once you've filed and signed it, your answers are locked in. You can only change them by getting the claimant's permission or applying to the court. If new evidence comes to light, you can ask to amend, but the court has discretion to refuse. Don't file a half-finished defence hoping to tidy it up later.

"If I deny everything, I'll definitely win." Denying everything means you're saying the claimant has lied about every single fact. That's a serious allegation. If the claimant has documents, emails, or witnesses supporting their version, a total denial can damage your credibility. Be honest. Admit what's true, deny what's false.

"The Statement of Truth doesn't really matter." It does. Lying in a Statement of Truth is contempt of court. Contempt convictions can result in fines of thousands of pounds or even jail time. Courts take this seriously.

"I can use the N9B to make my own claims against the claimant." You can add a counterclaim in Part B, but that's different from using the defence as a general complaint form. Stick to claims arising out of the same facts as the claimant's claim.

"The court won't notice if I miss a paragraph." It will. If you don't respond to a paragraph, the court may treat it as admitted. You have to address every allegation.

"I don't need a solicitor for this." You can draft a defence yourself if you want to (litigants in person do this routinely). But if your defence is unclear or procedurally defective, the court can strike it out. If you're unsure, get advice. The cost is usually worth it.

"Admitting one allegation means admitting the whole claim." No. You can admit some paragraphs and deny others. Most defences are mixed. Partial admissions are normal.

Related concepts

If you're defending a claim, these terms will come up:

Particulars of Claim. The document setting out the claimant's allegations. You respond to each paragraph in your defence.

N9 Acknowledgment of service. A form you file to buy extra time to prepare your defence. Filed within 14 days; extends your deadline to 28 days.

N9A Reply. The claimant's response to your defence (if they contest your admissions or if you've filed a counterclaim).

Counterclaim. Your own claim against the claimant, filed in Part B of the N9B or in a separate N9C form.

Set-aside application. If judgment is entered against you (because you missed the deadline), you can ask the court to cancel it. Requires evidence of a real defence and a reasonable excuse for the delay.

Default judgment. Judgment entered against you without a hearing because you failed to respond in time.

Directions Questionnaire. Form N180/N181 issued after your defence is filed, asking about the case complexity and preparing for track allocation.

Track allocation. The court's decision to place your case on small claims, fast track, or multi-track based on complexity and value.

Disclosure. The process where both sides exchange copies of all relevant documents.

Case management conference. A court hearing where the judge checks progress and issues further directions.

Strike out. The court removing your defence from the case (usually because of procedural defects or breach of court orders).

Sources

The information on this page is based on:

• Courts and Tribunals Judiciary. Civil Procedure Rules Part 15 (response to claim). https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15

• Courts and Tribunals Judiciary. Civil Procedure Rules Part 16 (statements of case). https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

• HMCTS. N9B Defence and Counterclaim form. https://www.gov.uk/government/publications/claim-forms-n1-n9b-n201-n202-n203-n301

• Ministry of Justice. Civil Claims: a guide for users. https://www.gov.uk/make-court-claim-for-money

• Moneyclaim.gov.uk. The County Court Online claims service.

• The Law Society. Defending a claim: a guide for defendants. https://www.lawsociety.org.uk/

This page was reviewed for accuracy on 2026-05-27. UK court procedure rules change occasionally, so check the Courts and Tribunals Judiciary website for the most current information.

A note on what this page is and isn't

This is information, not legal advice. It explains how the N9B form works, what you need to put in it, and what happens next. It doesn't tell you what specific answers you should give to a particular claim, because that depends on your own facts, your documents, and the law applying to your case.

If you have a claim against you and you're not sure how to respond, or if the allegations are complex, talk to a solicitor. It's a cost now, but it can save you thousands if it keeps you out of a judgment you shouldn't have lost.

CaseCalm helps litigants in person understand UK court procedures and draft their own documents. We are not a law firm and we are not authorised by the SRA or the FCA. When your situation needs real legal advice, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-27. Comments or corrections to peter@casecalm.com.