Fill in the official HMCTS notice to admit facts, the admission of facts, or the notice to prove documents at trial, with the last day to serve under CPR 32.18 and 32.19 worked out in clear days, and a schedule for a long list. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.
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The builder applies CPR Parts 2, 6 and 32, as they stood on 23 October 2026, to the official forms N266 (4.99) and N268 (4.99). It fills in the forms: it does not say which facts to put to the other side or which documents to require proved, and it does not predict what the court will do about costs. Check every box against your file before serving. It is a guide, not legal advice. Where a rule does not settle a point, the check says “our reading”.
Key points
DMD Costs’ N266 and N268 builder is a free online tool that fills in the official HMCTS Forms N266 (notice to admit facts, and the admission of facts) and N268 (notice to prove documents at trial), and downloads them as PDFs ready to sign and serve.
It is completely free, with no sign-up or paywall, and runs in your browser; nothing you enter is sent to DMD Costs.
A party may serve notice on another party requiring it to admit the facts, or the part of the serving party’s case, specified in the notice; the notice must be served no later than 21 days before the trial (CPR 32.18(1) and (2)).
An admission made in response may be used against the party making it only in those proceedings and only by the party who served the notice, and the court may allow it to be amended or withdrawn (CPR 32.18(3) and (4)).
A party is deemed to admit the authenticity of a document disclosed to it under Part 31 unless it serves notice that it wishes the document to be proved at trial (CPR 32.19(1)).
A notice to prove documents must be served by the latest date for serving witness statements, or within 7 days of disclosure of the document, whichever is later (CPR 32.19(2)).
The rules fix no costs consequence for refusing to admit a fact: when deciding costs, the court has regard to the parties’ conduct, including whether it was reasonable for a party to contest a particular allegation or issue (CPR 44.2(4)(a) and (5)(b)).
Part 32, apart from rule 32.1, does not apply on the small claims track (CPR 27.2(1)(c)).
How to use the N266 and N268 builder
Choose the form. A notice to admit facts (N266), an admission of facts in answer to one (N266), or a notice to prove documents at trial (N268).
Enter the claim. Enter the court, the claim number and the parties with their references, and the court office’s address if you want it on the form.
Set out the facts or the documents. List the facts to be admitted, one to a line, with the trial date; or what is admitted; or the documents to be proved, with the date of disclosure and the date for witness statements.
Say who signs. Choose the claimant or the defendant, and whether the party or its solicitor signs: the builder strikes through the words that do not apply.
Check the dates. The builder works out the last day to serve the notice, counting clear days and allowing for deemed service on a business day.
Download, sign and serve. Download the filled form, with any schedule or continuation sheet after it, check it, sign it and serve it on the other party.
The notice to admit facts (CPR 32.18)
Any party may serve notice on another requiring it to admit the facts, or the part of the serving party’s case, specified in the notice, no later than 21 days before the trial (CPR 32.18(1) and (2)). Form N266 sets the facts out in a box under “I (We) give notice that you are requested to admit the following facts or part of case in this claim”, and confirms that any admission will be used only in this claim. The builder numbers the facts, one to a line, and where they do not fit the box at a readable size it puts them on a schedule after the form and says so in the box.
The admission of facts
The lower half of N266 is for the party served to admit “the facts or part of case (set out above)(in the attached schedule)”, for the purposes of this claim only. An admission made in response may be used against that party only in these proceedings and only by the party who served the notice, and the court may allow it to be amended or withdrawn (CPR 32.18(3) and (4)). The builder strikes through whichever of “(set out above)” and “(in the attached schedule)” does not apply, and puts a schedule after the form where what is admitted is set out in one: for example where only some of the facts are admitted, or where the notice’s own facts were set out in a schedule.
The notice to prove documents at trial (CPR 32.19)
A party is deemed to admit the authenticity of a document disclosed to it under Part 31 unless it serves notice that it wishes the document to be proved at trial, by the latest date for serving witness statements or within 7 days of disclosure of the document, whichever is later (CPR 32.19). Form N268 lists the documents under “I (We) give notice that you are requested to prove the following documents disclosed under CPR Part 31 in this claim at the trial”. The builder lists them with where each is in the other side’s list of documents, and runs a long list onto a continuation sheet.
Counting the days
Periods of days are clear days: the day on which the period begins, and the day of the event that ends it, are not counted (CPR 2.8). A notice is “served” on the day it is deemed served, which is always a business day (CPR 6.26), so a last day that falls at a weekend or on a bank holiday comes back to the business day before. To count any other period, use the free CPR deadline calculator or the deemed service calculator.
Yes. It is completely free, with no sign-up, no paywall and no limit. It fills in the official HMCTS forms in your browser, and nothing you type is sent to DMD Costs.
A notice served by one party on another requiring it to admit the facts, or the part of the serving party’s case, specified in the notice (CPR 32.18(1)). Form N266 is the HMCTS form for it; its lower half is the admission of facts, which the other party can complete and return.
No later than 21 days before the trial (CPR 32.18(2)). The 21 days are clear days, so neither the day the notice is served nor the first day of the trial counts (CPR 2.8), and “served” means the day it is deemed served, which is always a business day (CPR 6.26). For a trial on Thursday 10 December 2026, the notice must be deemed served by Wednesday 18 November 2026. The builder counts a trial window from its first day (our reading); if a later trial date is fixed, the 21 days run from that date.
The rules do not fix a consequence. When the court decides what order to make about costs it has regard to all the circumstances, including the conduct of the parties, and conduct includes whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue (CPR 44.2(4)(a) and (5)(b)). What follows in a given case is for the court.
The court may allow a party to amend or withdraw an admission made in response to a notice to admit facts, on such terms as it thinks just (CPR 32.18(4)). The admission may be used against the party who made it only in the proceedings in which the notice was served, and only by the party who served the notice (CPR 32.18(3)); the form says it is made “for the purposes of this claim only”.
A notice that a party wishes a document disclosed to it under Part 31 to be proved at trial. Without one, the party is deemed to admit the authenticity of the document (CPR 32.19(1)). Form N268 is the HMCTS form for it. The deemed admission is of authenticity: the rule does not say that what the document says is admitted.
By the latest date for serving witness statements, or within 7 days of disclosure of the document, whichever is later (CPR 32.19(2)). For example, if the list was deemed served on Friday 23 October 2026 and witness statements are due by Friday 13 November 2026, the notice must be served by 13 November. The builder counts disclosure from the day the list disclosing the document was deemed served (our reading of CPR 31.2 and 31.10(2), with CPR 6.26), and brings a last day that is not a business day back to the business day before, because deemed service falls only on a business day (CPR 6.26). The 7 days run document by document: where documents were disclosed on different days, for example some in a supplemental list, give each its own date in the builder, and one notice for them all is due by the earliest; or serve a notice for each list.
The court has power to extend the time for complying with a rule, even if the application is made after the time has expired (CPR 3.1(2)(a)). Whether it will is for the court.
On N266, the facts go on a schedule after the form, numbered, and the box says “The facts set out in the attached schedule”. An admission of only some of the facts can be set out in a schedule, using the form’s “(in the attached schedule)”, which also covers a notice whose facts were themselves set out in a schedule. On N268, the box takes as many documents as fit at a readable size and the rest go on a continuation sheet, numbered as on the form. Nothing is cut short.
No. Part 32, apart from rule 32.1 (the court’s power to control evidence), does not apply to small claims (CPR 27.2(1)(c)).
No. The notices are served on the other party, and HMCTS’s fees list EX50 sets no fee for either form.
Heading for trial, and costs to follow?
We work for claimant solicitor firms: we draft the bill, the notice of commencement and the replies to Points of Dispute, and negotiate the costs to settlement. The fee is fixed and agreed before any work begins.