Partial defence to a civil claim

Yes, you can absolutely do this. It is a common and perfectly proper approach in civil proceedings in England and Wales, and the court rules specifically cater for it.

How it works:

When you receive a claim (whether through the County Court or the High Court), you are not forced to choose between defending the whole claim or admitting the whole claim. You can file what is known as a partial admission combined with a defence to the remainder.

The procedural position:

Under Part 14 of the Civil Procedure Rules, you can admit part of the amount claimed. You do this by completing the relevant section of the response pack or acknowledgment of service and defence form. If the claim was issued through the County Court, you will typically use Form N9A (for specified amounts) or N9C (for unspecified amounts) to make the admission, and Form N9B to file your defence to the disputed part.

You should set out clearly how much you admit you owe, and on what basis you dispute the rest. You can also propose how you wish to pay the admitted amount, whether in full straight away or by instalments.

What happens next:

1. The claimant is notified of your partial admission and your offer of payment.
2. The claimant then has a choice. They can accept the partial admission in full settlement, in which case the matter is resolved on those terms. Or they can reject it and pursue the balance.
3. If the claimant rejects your partial admission, the case proceeds on the disputed part. The court may enter judgment for the admitted amount and allow the defence to continue on the remainder, or the whole matter may proceed to trial depending on the circumstances.

Timing:

You must respond within 14 days of service of the claim form and particulars of claim, or within 28 days if you file an acknowledgment of service first. Do not let the deadline pass without responding, because the claimant can apply for default judgment for the full amount.

Practical points:

Making a partial admission is often a sensible and strategic step. It shows the court you are acting reasonably, which can be relevant to costs decisions later. It also narrows the issues in dispute, which saves time and expense for everyone.

When drafting your defence to the disputed part, be specific. Do not just say you disagree. Explain why you say the remaining amount is not owed. For example, you might say the work was defective, or the goods were not as described, or the amount was miscalculated, or the contractual terms did not require payment of the disputed sum. Attach or refer to any documents that support your position.

If you can afford to pay the admitted part promptly, doing so strengthens your position and avoids interest running on that amount. It also removes any suggestion that you are simply trying to delay.

One important thing to be aware of:

If you admit part of the claim and the claimant accepts it, the terms of the admission and any payment arrangement can become a binding court order. If you then fail to pay the admitted amount as agreed, the claimant can enforce it against you.

If you would like, I can walk you through how to draft the defence to the disputed part, or explain what to expect if the matter proceeds after the partial admission is rejected.