CPR 12 and 13 - Default judgment/set aside or vary

Question 1

CPR 12.1 - Meaning of Default Judgment

Answer 1

Default judgment is when C seeks judgment as D fails to file an AoS or Defence.

Question 2

CPR 12.2 - Claims where DJ may NOT be obtained

Answer 2

• Part 8 claims.
• Delivery of Goods claims where Consumer Credit Act applies.
• Where a PD says so.

Question 3

CPR 12.3 - Conditions to be satisifed for DJ

Answer 3

Re AoS - If D has failed to file AoS or Defence and relevant time period has expired.

Re Defence - Where D has filed an AoS but NO defence and relevant time period has expired.

Question 4

CPR 12.3 - DJ - Conditions where DJ CANNOT be obtained

Answer 4

If D has applied to strike out C’s claim/Summary J

If D has fulfilled the whole claim (Money claim and filed admission).

Question 5

CPR 12.4 - Procedure for DJ

Answer 5

Filing a request:

• In specified money claims
• In claims where £ decided by the court
• In Delivery of Goods claims where D has ability to pay their value

Application
- Part 23 & where D is an individual - provide D.O.B. if possible.

Question 6

CPR 12.5 - Nature of judgment when obtained by filing a request

Answer 6

When a money claim for a specified sum, D can stipulate when the money is to be paid back (date), and rate of payments if in instalments.

On judgment, the money will be ordered to be paid back as stipulated.

If no stipulation, will be ordered immediately.

If an unspecified sum - can file request for court to decide sum.

Question 7

CPR 12.6 - Interest on DJ

Answer 7

Specified sum:
- May be interest claimed to date of J if:
POC details the interest as per 16.4, Claimed under S35A Senior Court Act or S69 County Court Act OR C’s request for J includes calculation of interest

Question 8

CPR 12.7 - Claims against more than 1 D

Answer 8

Specified sum/delivery of goods:

• C can request DJ against D1 and carry on claim against other D’s.
• if it can be dealt with seperately, the court may grant DJ against D1 and C can carry on their claim.
• if it cannot be dealt with seperately, the court must deal with the DJ application at the disposal of the claim.

Question 9

CPR 12.10 - DJ obtained by making an application

Answer 9

Must make a Part 23 APP:

• Claims against CH/PP
• Claim in tort by spouse/civil partner against the other
• Obtaining DJ where D has failed to file AoS (Out of jurisdiction/Scotland/NI/State/Diplomat).

Question 10

CPR 12 - DJ - General Info

Answer 10

Court must be satsified PoC has been served on D, No AoS or Def filed and period has expired, D not satisfied/admitted claim

if Pt 23 claim - notice must be given.

Question 11

CPR 13.1 - Meaning and Relevance

Answer 11

Can set aside/vary DJ

Question 12

CPR 13/2 - Where court MUST set aside DJ

Answer 12

Judgment entered wrongfully:
- AOS: Aos or D was filed and time for doing so had NOT expired

• DEFENCE: Aos and D was filed and time limit had NOT expired/D applied to strike out C’s SoC or SJ or D satisified claim/admitted.

Question 13

CPR 13.3 - Where court MAY set aside DJ

Answer 13

Where D has a real prospect of successfully defending the claim or some other good reason AND app was made promptly.

Must have evidence to support app.

Question 14

CPR 13.4 - Procedure

Answer 14

If claim for specified sum and judgment not in D’s home court and D is individual = will send app to D’s home court.

If claim for specified sum, started in CCMC and not allocated to CC, D not individual = sent to preferred hearing centre.