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Default Judgments - Overview

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Lawdit Solicitors - Expert Author

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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 which states:

(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 for -

(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 paragraph (1).

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 remedy.


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 Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2012-04-18 13:15:04 in Legal Articles

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