---

name: draft-statement-of-defense
description: Use when drafting a statement of defense, answer to complaint, or defense filing responding to a civil claim or arbitration notice. Covers both common-law format (DIFC, ADGM, UK, US) with paragraph-by-paragraph admissions/denials and affirmative defenses, and civil-law format (UAE onshore, KSA, Lebanon, Egypt, France) with jurisdictional/procedural objections first and substantive defenses second. Includes response deadlines, tactical considerations for affirmative defenses and counterclaims, and the rule that procedural objections must be raised in the first pleading or they are waived.
license: MIT
metadata:
id: draft.statement-of-defense
category: draft
practice_area: litigation
jurisdictions: [UAE, DIFC, ADGM, KSA, LB, EG, UK, US, FR, GCC]
priority: P0
intent: [statement of defense, answer to complaint, defense filing, affirmative defense, counterclaim]
related: [draft-witness-statement, draft-settlement-agreement, review-litigation-risk, kb-litigation-procedure-mena]
source: Louis — HAQQ Legal AI (github.com/sboghossian/mini-claude-for-legal)
version: "1.0"

Statement of Defense

The statement of defense (called an "Answer" in US practice, "Defence" in UK/DIFC, "Mémoire en défense" in civil-law systems) is the Defendant's first formal pleading. It sets the battleground: what is admitted, what is denied, what is a procedural bar, and what the Defendant affirmatively asserts. Errors in the first defense pleading — particularly failure to raise jurisdictional objections or affirmative defenses — can be irreversible.

When to use this

• Defendant has received a claim form, complaint, statement of claim, or arbitration notice
• Defendant must file a formal written response within the procedural deadline
• Instructions have been taken and the client has decided to contest the claim (as opposed to settling)

Required inputs

Input	Why it matters	Default
Plaintiff's complaint / statement of claim	The document being responded to; must be read paragraph by paragraph	Must provide
Defendant and counsel details	Parties to the defense; counsel must be registered in the relevant jurisdiction	Must provide
Court or arbitral tribunal	Determines the procedural rules and filing format	Must provide
Procedural deadline	Critical — missing the deadline may result in default judgment	See deadline table below
Instructions on each allegation	What is admitted, denied, or contested for lack of knowledge	Must take full instructions
List of affirmative defenses	Defenses that must be raised in this pleading or may be waived	Advise client; cannot assume
Decision on counterclaims	Whether to counterclaim and if so the basis	Strategic decision; advise carefully

Procedural Deadlines

Jurisdiction	Standard defense deadline	Notes
DIFC	28 days from service of claim form	DIFC Rules; Defendant may apply to extend
ADGM	28 days from service	ADGM Civil Procedure Rules
UAE onshore	15–30 days depending on court and matter type	Dubai Courts: typically 15 days at first hearing; written submissions thereafter
KSA (Najiz)	15 days standard; may be extended by court	Submit via Najiz portal
LB civil	30 days from formal service (assignation)	Lebanese Code of Civil Procedure
UK (CPR)	14 days to acknowledge service; 28 days from service to file full defence	Civil Procedure Rules
US (FRCP)	21 days from service (federal); state varies	Federal Rules of Civil Procedure; 30 days if served via waiver
ICC arbitration	30 days from receiving request for arbitration	ICC Rules Article 5
DIAC	30 days from receipt of request	DIAC Arbitration Rules

Missing a defense deadline without an extension may result in default judgment (common law) or the court proceeding to hear the matter without the Defendant's position (civil law). Always seek an extension before the deadline if instructions are incomplete.

Common-Law Style Defense (DIFC / ADGM / UK / US)

Structure

1. Caption and case number — court name, case number, parties, document title "DEFENSE" or "ANSWER"
2. Introduction — one paragraph identifying the Defendant and the fact that it contests the claim
3. Admissions, denials, and statements of insufficient knowledge — respond to each numbered paragraph of the complaint:
   • "Admitted" — facts that are accurate and not disputed
   • "Denied" — facts that are inaccurate or disputed; do not explain why in the denial (save for pleadings)
   • "Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph [X] and therefore denies same" — honest use of this formulation is appropriate; overuse is a pleading failure
4. Affirmative defenses — each raised as a separate numbered defense:
   • "First Defense: Lack of jurisdiction — [brief statement]"
   • "Second Defense: Statute of limitations — [basis]"
   • "Third Defense: Lack of standing — [basis]"
   • Common affirmative defenses: statute of limitations, release / accord and satisfaction, payment, force majeure, estoppel, waiver, failure of consideration, contributory / comparative negligence, failure to mitigate, illegality, laches
5. Counterclaims (if any) — separate section with its own factual basis and prayer for relief
6. Prayer for relief — dismiss the complaint; award costs to Defendant; any other relief

Template (DIFC)

IN THE DIFC COURTS

Case No: [X]

[Plaintiff Name]
— Plaintiff

v.

[Defendant Name]
— Defendant

DEFENCE

The Defendant, [Defendant Name], by its counsel [Firm], for its Defence
states as follows:

RESPONSE TO SPECIFIC ALLEGATIONS

1. In response to paragraph 1 of the Claim: [Admitted / Denied / Defendant
   lacks knowledge sufficient to form a belief and therefore denies].

[Continue for each paragraph]

AFFIRMATIVE DEFENCES

First Defence — Limitation
The Plaintiff's claims are time-barred. [Cause of action] accrued no later
than [date], more than [X] years before the commencement of these
proceedings, in violation of [DIFC Limitation Law / applicable limitation
period].

Second Defence — [Next defence]
[Basis]

PRAYER FOR RELIEF

The Defendant respectfully requests that:
(a) The Claim be dismissed in its entirety;
(b) The Defendant be awarded its costs;
(c) Such further relief as the Court deems appropriate.

[Signature block, date, counsel details]

Civil-Law Style Defense (UAE Onshore / KSA / LB / EG / FR)

Key structural difference

In civil-law jurisdictions, procedural and jurisdictional objections must be raised as the FIRST argument — before any substantive defense — or they may be waived. This is the reverse of the common-law approach where jurisdiction can sometimes be challenged later.

Structure

1. Heading: "To the Honorable [Court Name]" — formal salutation
2. Identification of Defendant and counsel — full legal names, registration numbers
3. Preliminary (procedural and jurisdictional) objections — these must come first:
   • Lack of territorial jurisdiction (محكمة غير مختصة ترابياً)
   • Lack of subject matter jurisdiction (محكمة غير مختصة نوعياً)
   • Improper service / failure to serve properly
   • Res judicata (سبق الفصل في الدعوى)
   • Limitation / prescription
   • Lack of legal standing
4. Substantive defenses — after procedural objections (if any) are dealt with:
   • Denial of factual allegations with specific responses
   • Legal basis for defense (with statute citations — UAE Civil Code, Lebanese Code of Obligations, KSA regulations)
   • Response to facts alleged, paragraph by paragraph
5. Counterclaims / cross-claims (if any)
6. Documentary exhibits — in civil-law systems, exhibits are filed with the pleading, not exchanged later; attach all relevant documents as numbered annexures
7. Prayer for relief — specific relief requested with legal basis

Procedural objection precedence in key jurisdictions

Jurisdiction	Rule on jurisdictional objections
UAE onshore	Must be raised at first opportunity (typically first hearing / first written submission); failure waives the objection
KSA	Must be raised in the first pleading; Najiz portal
LB	Déclinatoire de compétence must precede defense on the merits
FR	Exceptions d'incompétence raised before défenses au fond

Tactical Considerations

Do not admit more than necessary

Every admission is a binding concession. If a fact is not within the Defendant's personal knowledge, use "insufficient knowledge" rather than admission. Silence in common-law pleading is typically treated as a denial; in civil-law systems, silence may be treated as tacit admission of undisputed facts.

Affirmative defenses must be pleaded upfront

In common-law systems (particularly US federal practice and DIFC), affirmative defenses not raised in the defense may be waived. Compile a full list of potential affirmative defenses at the outset:

• Has the limitation period expired for any of the claims?
• Was there a prior settlement or release?
• Did the Plaintiff fail to mitigate its losses?
• Was there contributory fault by the Plaintiff?
• Does the court lack personal jurisdiction over the Defendant?

Counterclaims: strategic value and risk

A counterclaim shifts the settlement dynamic (Plaintiff must now defend as well as prosecute) but:

• Adds complexity and cost to the proceedings
• May alert the Plaintiff to claims it did not know existed
• In some jurisdictions (LB, UAE), counterclaims may require separate filing fees and procedural steps
• Assess whether the value of the counterclaim justifies the additional litigation overhead

Expert evidence

In civil-law jurisdictions, courts often appoint their own experts (خبير المحكمة) rather than relying on party-appointed experts. Plan the defense strategy accordingly — court-appointed experts produce reports that both parties comment on, rather than competing expert reports.

Common Mistakes

• Missing the deadline — default judgment is the most preventable adverse outcome; always diarize the deadline on day one
• Failing to raise jurisdiction in civil-law courts — once the defense on the merits is filed, the jurisdictional objection is often waived
• Admitting facts casually — every admission simplifies the Plaintiff's case; careful instructions-taking before drafting
• Counterclaiming reflexively — a counterclaim that fails awards the Plaintiff costs and strengthens its position
• Filing without all exhibits attached — in civil-law systems, the pleading and its documents are filed together; incompleteness may prejudice the defense

Related skills

• [[draft-witness-statement]]
• [[draft-settlement-agreement]]
• [[review-litigation-risk]]
• [[kb-litigation-procedure-mena]]