Default Judgments - Overview
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18 March 2012
Default Judgments are dealt with under
Part 12 of the Civil Procedure Rules (CPR).
A Default Judgment is where the courts administration determines the
outcome of a claim rather than a judge at trial.
A Default Judgement can be used by a Claimant where a Defendant does
not file an Acknowledgement of Service or a Defence within 14 days of
service of a Claim or does not file a Defence within 28 days of service
of a Claim where an Acknowledgement of Service has been filed.
CPR 12.2 states that a Default Judgment cannot be obtained:-
(a) on a claim for delivery of goods subject to an agreement regulated
by the Consumer Credit Act 1974;
(b) where a CPR Part 8 (alternative procedure for claims); or
(c) in any other case where a practice direction provides that the
claimant may not obtain default judgment.
A Defendant (Part 20 Claimant / Defendant) cannot obtain a Default
Judgment on a Counterclaim where a Claimant (Part 20 Defendant /
Claimant) does not file a Defence to that Counterclaim.
A Default Judgment can only be obtained where the Claimant has filed a
Certificate of Service with the Court.
A Claimant must serve a Particulars of Claim before filing for a
Default Judgment unless the claim is in the Commercial Court.
A Default Judgment can be obtained by filing a request under CPR 12.4
(1) Subject to paragraph (2), a claimant may obtain a Default Judgment
by filing a request in the relevant practice form where the claim is
(a) a specified amount of money;
(b) an amount of money to be decided by the court;
(c) delivery of goods where the claim form gives the Defendant the
alternative of paying their value; or
(d) any combination of these remedies.
CPR 12.4(3) states; where a Claimant -
(a) claims any other remedy in his claim form in addition to those
specified in paragraph (1); but
(b) abandons that claim in his request for judgment,
he may still obtain a default judgment by filing a request under
A Default Judgment can also be obtained by an application to the Court
under CPR 12.4(2)(a) where the claimant wishes to obtain a default
judgment on a claim which consists of or includes a claim for any other
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Article Published/Sorted/Amended on Scopulus 2012-04-18 13:15:04 in Legal Articles