3. Default Judgement Flashcards
What is the meaning of default judgment?
Default judgment is a judgment without trial where the defendant has failed to file an acknowledgement of service or a defense, or any document intended to be a defense. This allows the claimant to obtain a judgment of the case ‘in default of a defense’.
What types of claims cannot obtain a default judgment?
Default judgment cannot be obtained on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974, where the Part 8 procedure is used, or in any case where a rule or practice direction states that default judgment may not be obtained.
What conditions must be satisfied for default judgment in case of defence or acknowledgement of service?
Default judgment in case of defence can be obtained if at the date on which judgment is entered, an acknowledgement of service has been filed but no defence has been filed and the time for doing so has expired. In case of acknowledgement of service, it can be obtained only if at the date when judgment is entered, no defence or acknowledgement of service has been filed and the relevant time for doing so has expired.
When can a claimant not obtain default judgment?
A claimant cannot obtain default judgment if, at the time the court is considering the defendant’s claim for the claimant’s statement of case to be struck out, the defendant’s application for summary judgment, the defendant has satisfied the whole claim, or the claimant is seeking judgment on a claim for money and the defendant has admitted liability but requested time to pay.
What are the two methods for obtaining default judgment?
The two methods for obtaining default judgment are by filing a request when the claim is for a specified amount of money, an amount of money to be decided by the court, or delivery of goods where the defendant has the option to pay their value, or by making an application in accordance with Part 23 for claims involving other remedies or where specified by rules 12.10 or 12.11.
When can a claimant obtain default judgment by filing a request?
A claimant can obtain default judgment by filing a request when the claim is for a specified amount of money, an amount to be decided by the court, or delivery of goods with an alternative for the defendant to pay their value, as long as the appropriate form (e.g., Form N205A, N225, N205B, N227) is used and conditions specified under CPR 12.4 are met.
When must a claimant obtain default judgment by making an application?
A claimant must obtain default judgment by making an application when the claim includes a demand for a remedy not covered under a simple request for default judgment, involves a child or protected party, or is made in tort by one spouse or civil partner against the other, as specified under CPR 12.11(a).
What is the nature of judgment when default judgment is obtained by filing a request for a specified amount of money?
When default judgment for a specified amount of money is obtained by filing a request, the judgment includes the amount specified plus any interest claimed and costs, payable by the date or at the rate specified in the request. If no date or rate is specified, payment is due immediately.
What is the nature of judgment when default judgment is obtained by filing a request for an unspecified amount of money?
When default judgment for an unspecified amount of money is obtained by filing a request, the judgment is for an amount to be decided by the court, along with costs. The specifics of the amount are determined in a subsequent court process.
What is the nature of judgment when default judgment is obtained by filing a request where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value?
When default judgment is obtained by filing a request for delivery of goods, and the claim form gives the defendant the alternative of paying their value, the judgment requires the defendant to deliver the goods or, if they do not do so, pay the value as decided by the court, along with costs.
Can you get default judgment for a counterclaim? If so, how?
Yes, default judgment can be obtained for a counterclaim under similar conditions as for a claim. Specifically, if at the date on which judgment is entered, a defence to the counterclaim has not been filed and the time for doing so has expired, the claimant (now counter-defendant) may obtain default judgment
What interest considerations apply in the context of default judgment?
In default judgments for specified amounts of money, the judgment may include the amount of interest claimed to the date of judgment if the particulars of claim include the required details, the rate of interest does not exceed the rate payable on judgment debts at the date the claim form was issued, and the request for judgment includes a calculation of interest from the date up to which interest was calculated in the claim form up to the date of the request.
How is default judgment handled when there is more than one defendant?
Default judgment may be obtained against one of two or more defendants if the claim can be dealt with separately from claims against other defendants. If the claim cannot be dealt with separately, the court will not enter default judgment and must deal with the application at the same time as it deals with the claim against other defendants.
Under what conditions may a claimant not enforce a judgment obtained for possession of land or delivery of goods against one of two or more defendants?
A claimant may not enforce a judgment obtained under Part 12 for possession of land or for delivery of goods against one of two or more defendants unless they have obtained a judgment for possession or delivery against all defendants to the claim, or the court gives permission.
Under what circumstances must a claimant make an application to obtain a default judgment?
A claimant must make an application to obtain a default judgment if the claim is against a child or protected party, is a claim in tort by one spouse or civil partner against the other, or if the claim involves a remedy not specifically provided for under the default request procedures as per CPR Part 12.11(a).
In what cases must the court set aside a Part 12 judgment?
The court must set aside a Part 12 judgment if it was wrongly entered because any of the conditions specified under CPR 12.3 were not satisfied, such as if the defendant had already satisfied the claim or if the claimant did not meet the requirements for obtaining the default judgment at the time it was entered.
Under what conditions may the court set aside or vary a Part 12 judgment?
The court may set aside or vary a Part 12 judgment if the defendant has a real prospect of successfully defending the claim or if there is some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend the claim.
What is the procedure for an application to set aside a Part 12 judgment when the claim is for a specified amount of money and the judgment was obtained in a court not the defendant’s home court?
If the claim is for a specified amount of money and the judgment was obtained in a court that is not the defendant’s home court, and the claim has not been transferred or sent to the defendant’s home court, and the defendant is an individual, the application to set aside the judgment must be transferred to the defendant’s home court for consideration.
How does Rule 13.3 affect the court’s discretion to set aside a Part 12 judgment, particularly regarding the timing of the application?
Rule 13.3 provides the court with discretion to set aside or vary a Part 12 judgment if the defendant shows there is a real prospect of defending the claim or some other good reason for setting aside the judgment. The court must consider whether the application to set aside the judgment was made promptly as part of its decision-making process.
What is the finality of decisions under Rule 13.3?
Decisions under Rule 13.3 are final, meaning they cannot be the subject of a second application to set aside judgment or a further challenge by reference to CPR r.3.1(7). The only options for a dissatisfied party are to seek permission to bring a second appeal out of time under CPR r.52.13 or to reopen the final appeal under CPR r.52.17
What is the procedure for an application to set aside a Part 12 judgment when the claim is for a specified amount of money, started in the Civil National Business Centre, has not been sent to a County Court hearing centre, and the defendant is not an individual?
When the claim is for a specified amount of money, has been started in the Civil National Business Centre, has not been sent to a County Court hearing centre, and the defendant is not an individual, an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre for consideration
What is the test for ‘real prospect in defending the claim’ under Rule 13.3?
The test for ‘real prospect of successfully defending the claim’ under Rule 13.3 is that the defendant must demonstrate more than an arguable defense; there must be a real likelihood of success on the merits of the case. This test is essentially the same as that applied to summary judgment applications under Part 24, where the burden of proof lies on the defendant to show a substantial chance of success, rather than merely an arguable one.
What constitutes ‘some other good reason’ under Rule 13.3(1)(B) for setting aside a judgment?
Some other good reason’ under Rule 13.3(1)(B) might include factors like serious allegations that need a full and fair hearing or significant procedural errors that impacted the fairness of the judgment. Examples include situations where the defendant had no notice of the claim until after judgment was entered, or where subsequent evidence reveals that the judgment was based on threats or misleading information.
How does Rule 13.3(2) emphasize the need to act promptly in applications to set aside a judgment?
Rule 13.3(2) emphasizes that in considering applications to set aside a judgment, the court must regard the promptness of the application as a very important factor. This reflects the strong public interest in the finality of litigation. Prompt action is required, and delays can prejudice the applicant’s chance of success, regardless of the merits of their defense.
What are the procedures for a non-party to apply to set aside a judgment?
A non-party affected by a judgment or order may apply to have it set aside under Rule 40.9 if they can demonstrate being “directly affected” by the decision. This provision allows for the inclusion of additional defendants who may then contest the judgment if they have a defense that has a real prospect of success. It is crucial for the non-party to provide substantial justification for the court to consider setting aside the judgment.
How has the court’s approach to setting aside default judgments changed following the implementation of the Jackson reforms?
Following the Jackson reforms, the court’s approach to setting aside default judgments includes applying the three-stage Denton test, which assesses the seriousness of the breach, the reasons for the default, and a review of all circumstances to ensure fair and just handling of the application. This approach aims to balance strict compliance with rules with the overarching need for justice in individual cases.
