Default and Summary Judgment Explained
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19 May 2011
CPR 12.1 says 'default judgment' means judgment without trial where
(a) has failed to file an acknowledgement of service; or
(b) has failed to file a defence.
A summary judgment is a made by a court without a full trial. Such a
judgment may be issued as to the merits of an entire case, or of
specific issues in that case.
How to obtain Default and Summary judgment
The claimant may obtain judgment in default of an acknowledgement of
service only if:
a) the defendant has not filed an acknowledgement of service or a
defence to the claim
b) the relevant time for doing so has expired.
You can apply to enter summary judgment against your opponent if:
1. He is a claimant and has no real prospect of succeeding with the
claim he has brought or the issues, or
2. He is a defendant and has no real prospect of successfully defending
the claim or issue, and
3. There is no other reason why the case or issue should be decided by
Default judgment; can be obtained after 14 days of the service of claim
form if no acknowledgement has been made, and 28 days if
acknowledgement of service has been made but no defence entered.
Summary judgment: If you are a claimant you cannot apply for summary
judgment until your opponent has either returned an acknowledgment of
service form or has filed a defence, unless the court gives you
permission to apply.
Are there any circumstances where you cannot enter default or
You cannot obtain judgment in default if your claim is for delivery of
goods which are subject to an agreement covered by the Consumer Credit
You also cannot obtain judgment in default if you have chosen to have
your case dealt with under a special procedure known as a "Part 8"
procedure. This is a procedure where you can ask the court to make a
decision about an issue in your case which is unlikely to involve facts
which are substantially disputed.
The court can decide to give summary judgment even where you or your
opponent does not apply for it. The court cannot give summary judgment
in cases involving possession of residential premises or shipping cases.
Syed Rashidul Islam is a trainee solicitor and can be contacted by
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Article Published/Sorted/Amended on Scopulus 2011-06-02 12:11:27 in Legal Articles