2.6 Default judgment Flashcards
What is a judgment in default?
CPR 12.1
Judgment without trial for the claimant where the defendant has failed to file an acknowledgement of service or failed to file a defence.
When is judgment in default not available?
CPR 12.2
A claimant may not obtain a default judgment—
(a)
on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974;
(b)
where he uses the procedure set out in 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.
What conditions must C satisfy to obtain judgment in default?
CPR 12.3
(1) and (2) - the deadline for filing an (1) acknowledgement or (2) defence has been missed;
(3)
(a)
D has not applied for summary judgment or to have the claim struck out;
(b)
D has not satisfied the claim; and
(c)
D has not admitted the claim and asked for more time to pay.
** CPR 6.17: certificate of service must have been filed by claimant before they can apply for default judgment.
Which Rule deals with a court’s power to strike out a claim?
CPR 3.4
When may the court strike out a claim?
CPR 3.4(2)
The court may strike out a statement of case if it appears to the court—
(a)
that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b)
that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c)
that there has been a failure to comply with a rule, practice direction or court order.
What is the difference between default judgment and strike out?
Strike out focuses on a statement of case and so covers cases which do not amount to a legally recognisable claim or defence.
Default judgment covers cases where the defendant has failed to respond to the claim and does not look at the contents of the statement of case.
What is the difference between default judgment and summary judgment?
Default judgment is the consequence of the defendant failing to respond to a claim. Default judgment is therefore procedural. The court does not consider the merits.
Summary judgment covers cases which are weak on the facts.
Can a default judgment for a specified sum include interest?
CPR 12.6(1)
Yes if conditions are met:
(a)
the particulars of claim include the details required by rule 16.4;
(b)
where statutory interest is claimed, the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and
(c)
the claimant’s request for judgment includes a calculation of the interest claimed to the date of the request.
What if C requests default judgment against one out of two or more DD?
CPR 12.8
C may obtain a default judgment against one of two or more DD and proceed with the claim against the other DD if the claim can be dealt with separately from the claim against the other DD.
What powers does the court have to set aside or vary a default judgment?
CPR 13.2 - MANDATORY
If the default judgment was wrongly decided because the conditions for default judgment were not satisfied or because the claim had been satisfied.
CPR 13.3 - DISCRETIONARY (1) (a) If D has a real prospect of successfully defending the claim, or (b) the court thinks that there is some other good reason. (2) D must apply promptly.
D must make an application for “relief from sanction” must comply with CPR 3.9
What are the requirements of relief from sanction?
CPR 3.9
(1)
the court must consider the need
(a)
for litigation to be efficient and at proportionate cost
(b)
to enforce compliance with rules, practice directions and orders.
(2)
Applications must be supported by evidence.
See also the case of Denton and others v TH White Ltd and another [2014] EWCA Civ 906
What are the rules for applications for default judgment in claims against children, protected parties, states and other parties listed in CPR 12.10?
CPR 23 - the normal rules for interim applications apply under CPR 23
