Default Judgment Flashcards
Define default judgment?
judgment without trial where D failed to fine acknowledgement of service or defence.
In what 2 situations can default judgment be obtained?
If D failed to file acknowledgement of service (within 14 days of CF service) or failed to file defence (within 14 days of particulars service or 28 days of their acknowledgement)
How long does D have to file acknowledgement of service?
14 days after service of the claim form, after which if no action was taken C may seek default judgment. (CPR10.3)
How long does D have to file defence?
within 14 days of particulars of claim service or 28 days of their filing of acknowledgement, after either, C may seek default judgment. (CPR15.4)
How many situations are default judgments not obtainable?
4
What is the 1st claim where you cannot obtain a default judgment?
Can’t seek default judgment on a claim for delivery of goods
(subject to agreements under Consumer Credit Act)
What is the 2nd claim where you cannot obtain a default judgment?
Can’t seek default judgments in Part 8 procedures.
What is the 3rd situation where you cannot obtain a default judgment?
Can’t seek default judgments where any rule or practice direction says so.
What is the 4th situation where you cannot obtain a default judgment?
C can’t seek default judgment when D has applied for the statement of case to be struck out or for summary judgement, or has satisfied the whole claim.
What two application procedures are there for obtaining default judgment?
Where a claim is for specified or undetermined monies or delivery of goods; and where any other remedy is sought.
Can you abandon a claim to seek judgment?
In a mixed claim, C can abandon their non-goods/monies part of claim to seek default judgment
What is the nature of a default judgment for specified money?
A request should contain (1) a due date of payment (2) proposed times and rate of pay instalments – judgment should reflect and state if payment expected immediately.
What is the nature of a default judgment for unspecified amounts of money?
It will be an amount decided by the court together with costs.
What is the nature of a default judgment for delivery of goods?
If CF offered paying goods value in the alternative, DJ will require D to deliver goods or pay their value and pay costs.
What can be included in default judgments for specified sums?
DJ for specified sums MAY include amount of interest claimed IF CF included info required AND claimant included a calculation in their DJ application.
If not, court can decide interest.
What is the current rate of interest on judgment debts?
8%
Can default judgments be used in claims with multiple defendants?
Yes - C can request DJ on one D and proceed with claim against remaining Ds.
What happens if C succeeds in requesting default judgment against 1 of 2+ defendants?
Means the court decided the claim can be dealt with separately - they can enter default judgment and continue against other Ds.
What happens if C fails in requesting default judgment against 1 of 2+ defendants?
Court will not enter default judgment as claim can’t be dealt with separately - court must deal with application at same time as with other defendants.
When is default judgment only obtainable by application under Part 23?
(12.11) Default judgment against children, protected parties, torts between spouses and civil partners, or outside jurisdiction MUST be sought through a P23 application.
CPR 13?
CPR 13 outlines procedure for setting aside OR varying default judgments.
What is CPR 13 NOT applicable to?
CPR 13 can’t be used against default judgments entered for failure of D to comply with “unless” orders.
In how many situations MUST a default judgment be set aside by the court?
3 situations REQUIRE default judgments to be set aside.
What is the 1st situation that requires the court to set aside a default judgment?
Where C applied for default judgment before Ds time limit for filing acknowledgement or defence lapsed
