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....

Serving a Defence under the Civil Procedure Rules (England and Wales): CPR Part 6 methods, addresses, deemed and alternative service, children/protected parties, and service in Scotland and Northern Ireland

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Practice notes

This Practice Note explains the provisions governing service of a Defence in litigation. They appear in Part 6, Section III, commencing at CPR 6.20. Specific defence provisions are contained in CPR 15. This Practice Note provides guidance on:

methods of service (CPR 6.20)
who must effect service (CPR 6.21)
Personal service (CPR 6.22)
address for service once proceedings have begun (CPR 6.23)
changes to the address for service (CPR 6.24)
serving children and protected parties (CPR 6.25)
deemed service (CPR 6.26)
alternative method or place of service (alternative service) (CPR 6.27)
the court’s power to dispense with service (CPR 6.28)
the need for a certificate of service (CPR 6.29)

The framework covers who must serve, when personal service is necessary, and how to serve children or protected parties. It sets out deemed service, alternative methods or places, when the court may dispense with service, and proof by certificate of service.

Part 6 is supplemented by guidance in CPR PD 6A. Note that Part 6 and its practice direction are of general application to all documents except the claim form, not solely to defences. For filing a defence under CPR 15, refer to Practice Note: Filing the defence.

Requirement to serve a defence...

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Web page updated on 26/05/2026

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