The main part of defence form N9B is section “Defence” where reply should be set up properly. Para 16.5 in CPR Part 16 give a description of content of defence such as:
16.5
(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
Tips for writing defence:
1. Defendant should reply on each allegation in particulars of claim. If it isn’t be answered, the it will be assumed that defendant admit them. Due to this, in case of fully defended claim it is advised to put at the beginning of defence sentence like 'Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim'.
2. As well as a particulars of claim, defence must contain statement of truth.
3. It is up to claimant to prove his position, that’s why defendant may ask to provide solid proof for each allegations it wasn’t stated in claim. It could be copy of receipts, agreement between claimant and defendant, copy of letter ant etc.
4. Defendant where it possible should provide a proof (such as losses or breach of terms and etc.) why he assumes that allegations is wrong. Where necessary, witness statement could be prepared for defence.
5. If you need more time to prepare a defence it is worth to send Acknowledgement of service rather then specific defence form. By this you extend time for writing defence till 28 day. By default, defendant has 14 days to file Acknowledgment of service and Defence form.
6. If claimed amount was paid till claim had been issued, defendant should note this in defence form and provide proof of payment(receipt, bank statement or payslip).
7. If claimed amount was paid after small claim was issued, claimant may ask defendant to pay court fee and interests. In that case, defendant should write it in the defence. Claimant has 28 days on reply after receiving defendant’s reply.
8. Defendant may ask some clarification or specific details of claim. Claimant has to reply within 28 day after getting it.
9. According CPR 31.4 defendant have full right to request to disclosure all documents mentioned in particulars of claim such as witness statements, affidavite, witness summary