Default Judgement Flashcards
What is default judgement?
Judgement against D if not responded or filed defence within time limits
What types of claims may default judgement not be obtained?
1) Claims for delivery of goods subject to Consumer Credit Act 1974
2) Part 8 claims
3) Other claims where practice direction provides C may not obtain default judgement
What are the conditions of default judgement?
1) At date of judgement, time has expired for filing acknowledgement of service
2) Claim has not been admitted or satisfied by D
3) No application for summary judgement or strike out has been made by D
What is striking out a case?
Striking out statements of case which do not amount to legally recognisable claim or defence
Is striking out a case different to default judgement?
Yes
What is the difference between default judgement and summary judgement?
Default judgement is procedural – does not consider merits of case
Summary judgement is based on weak case
What is the difference between applying for default judgement in money claims and non-money claims?
1) Money claims on paper
2) Non money claims must apply for a hearing
What is the procedure for obtaining default judgement for money claims – specified sums?
1) Make a request for judgement on paper
2) Court will make judgement for amount sought, fixed costs, and interest
What is the procedure for obtaining default judgement for money claims – unspecified sums?
1) Make a request for judgement on paper
2) Court will enter judgement for a sum decided by court
3) Will set timetable for hearing of sum
What is the procedure for obtaining default judgement for non-money claims?
1) Apply for default judgement hearing
2) Court will give whatever judgement it considers appropriate
When may a default judgement include interest?
1) If particulars of claim include details of interest
2) Where statutory interest is claimed
3) Claimant’s request for judgement includes calculation of interest claims to date of request for judgement
What happens if the claim is against more than one defendant in relation to default judgement?
Can proceed with claim against the other D’s – if case cannot continue with them, the court will deal with it at the same time as it disposes the claim against the other D’s (possibly at trial)
Can the defendant set aside a default judgement?
Yes
Is a hearing needed for setting aside a default judgement?
Typically unless the claimant consents to judgement being set aside
What are the two limbs for setting aside default judgement?
1) It MUST set aside if judgement was wrongly entered
2) It MAY set aside if judgement was correctly entered
What are the reasons the court MUST set aside default judgement?
1) Time limit had not expired
2) Summary judgement or strike out had been applied for before
3) D had satisfied the claim prior
What are the reasons the court MAY set aside default judgement?
1) D has a real prospect of successfully defending claim; or
2) Appears court other good reason judgement should be set aside or varied
What is the threshold for showing a real prospect of success in default judgement?
More than just an arguable defence – but rather, a real prospect
What are some other good reasons a default judgement should be set aside?
If, for example, defendant lulled by claimant into believing a claim is not coming
What other factors must the court consider in terms of time regarding application to set aside default judgement?
How quickly the default judgement was applied against
Can the court make an order to set aside default judgement with conditions attached? Example?
Yes, such as D pays for C’s costs of hearing
