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Judgement in default

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27 February 2013

Conditions for entering Judgment in Default

A Judgment in Default is a where there is no trial because a defendant has either failed to file an Acknowledgment of Service or has failed to file a Defence. It can also occur where a claimant has failed to serve a Defence to Counterclaim. A Judgment in Default may be obtained either by application on notice (court's permission is required) or by request (court permission not required). However, the Civil Procedure Rules (CPR) set out the criteria to determine which route should be followed and this is covered by Part 12 of the CPR. The aim of the CPR is to ensure that proceedings are dealt with fairly and expeditiously.

To grant a Judgment in Default, a court has to be satisfied as to a number of issues including that the Particulars of Claim have been served. However, a claimant cannot file for Judgment in Default before certain conditions are met. These conditions are as follows, by CPR, r. 12.3 and PD 12 para 4.1:

- that the Particulars of Claim have been served (a Certificate of Service on the court file will be sufficient evidence where service was effected by the claimant);

- that either the Defendant has not filed an Acknowledgment of Service or has not filed a Defence, and, in either case, time for doing so has expired;

- that the Defendant has not satisfied the claim;

- that the Defendant has not filed or served an admission together with a request for time to pay;

- that the Defendant has not made an application to strike out the claim or for summary judgment which has not been disposed of; and

- where it is sought to enter Judgment in Default against a child or patient, that a litigation friend has been appointed.

A default judgment cannot be used in claims relating to the Consumer Credit Act 1974.

By Haja Jah, A university student on work experience at Lawdit Solicitors


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 2013-03-21 09:07:17 in Legal Articles

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