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Obtaining Judgment


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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 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 2009-12-31 06:41:46 in Legal Articles

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