Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defence definition

What does Defence mean? In civil litigation, a defence is the defendant’s formal pleading that answers the claim and sets out the material facts and legal grounds relied on. It shapes the issues for disclosure, evidence and trial, and must be filed within the time limits set by court rules; failure may lead to default judgment (or decree). In England and Wales, under the Civil Procedure Rules, the defence is a statement of case responding to the particulars of claim. It should specify which allegations are admitted, denied or not admitted, explain any denial, and plead defences such as limitation or set-off....

Defences to strict product liability under the Consumer Protection Act 1987: statutory defences, limitation (three years and ten-year longstop), contributory negligence and volenti non fit injuria

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Practice notes

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Any attempt to limit or exclude liability for defective products in a contract term, Notice, or other provision is prohibited. Under CPA 1987, matters fall into four main categories:

the injured person cannot discharge the burden of proof
the defendant establishes one of the statutory Defences in CPA 1987, s 4
the claimant is barred by one or more of the CPA 1987 time limits
the defences of contributory negligence or volenti non fit injuria (the willing acceptance of risk) apply

Although liability imposed by CPA 1987 is strict, it is not absolute. There remains room to avoid liability where producers can make out one or more statutory defences.

Statutory defences

Compliance with UK or assimilated EU law

This statutory defence will succeed if the defendant demonstrates the defect arose from compliance with a requirement imposed by UK or EU law. From IP completion day (11 pm on 31 December 2020), this defence applies only to compliance with UK law and any assimilated EU legal obligation.

Defective product not supplied by the defendant

This statutory defence will succeed if the defendant can adduce factual evidence...

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Web page updated on 21/05/2026

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