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12 December 2009
By Riyaz Jariwalla
Failure to file an acknowledgment or a defence within the time
limits laid down in the CPR may result under Part 12 in the claimant
entering judgment in default, that is, judgment without a trial of the claim. If
the Part 8 procedure is being used, Part 12 does not apply (r.
8.1(5)), but a defendant who fails to file an acknowledgment will be unable to
take any active part in the hearing without the court's permission (rule. 8.4).
There are two mechanisms under the rules for entering default
judgment, which apply to different types of claim:
(a) A simple request-for-judgment procedure under Part 12 is
available in money claims (r. 12.4(1) ), which include claims for
specified sums, claims for unquantified damages and some other types of claim.
Under this procedure, judgment is entered over the counter on filing a request
for default judgment, without any consideration of the merits of the claim.
(b) In a claim for a remedy other than a money claim, in a claim
only for costs (other than fixed costs) and in certain other cases set out in r.
12.10, an application for judgment must be made using the Part 23 procedure (see
chapter 32). On an application for the entry of a default judgment there will be
a hearing and the court will give such judgment as it appears to the court that
the claimant is entitled to on his statement of case (r. 12.11(1) ). In this
case, then, the court will, in a limited way, consider the merits of the claim.
In the overwhelming majority of cases, default judgment is entered simply upon
filing a request in the appropriate form.
For more information on obtaining judgement in default please
contact us on 023 8023 5979.
Riyaz Jariwalla is a solicitor who specialises in
intellectual property law and commercial litigation.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
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Article Published/Sorted/Amended on Scopulus 2009-12-31 06:41:46 in Legal Articles