Default Judgement Flashcards
What are the conditions that a claimant must satisfy to obtain a default judgment?
Time has expired for filing an acknowledgment of service or defence.
The claim has not been admitted or satisfied by the defendant.
No application for summary judgment or strike out has been made by the defendant.
What is the difference between setting aside default judgment where the court “must” set it aside and where the court “may” set it aside?
The court “must” set aside a default judgment if it was wrongly entered, for example, if the defendant had filed an acknowledgment of service or a defense on time, if summary judgment or strike out had been applied for before judgment was entered, or if the defendant had satisfied the whole of the claim before judgment was entered.
The court “may” set aside a default judgment if the defendant has a real prospect of successfully defending the claim, or if there is some other good reason why judgment should be set aside or varied, or the defendant should be allowed to defend.
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.
