Default judgment

Question 1

When can a claimant request / apply for judgment in default?

Answer 1

If the defendant fails to respond to proceedings on time (fails to respond to the particulars of claim)

Question 2

What is the effect of a default judgment?

Answer 2

The claimant applies for judgment to be granted in their favour without a trial if the defendant has not responded to the claim by either serving acknowledgement of service or defence in time

Question 3

What happens if default judgment is successful?

Answer 3

The claimant wins the case

Question 4

For what claims can default judgment not be obtained?

Answer 4

• Claims for delivery of goods subject to an agreement regulated by Consumer Credit Act 1974
• Part 8 claims
• Any other claims where PD provides that claimant may not

Question 5

What must the claimant show to obtain default judgment?

Answer 5

• at the date at which judgment is entered, time has expired for filing an acknowledgement of service or a defence
• claim has not been admitted or satisfied by the defendant
• no application for summary judgment or strike out has been made by defendant

Question 6

Does default judgment look at merits of the case?

Answer 6

No, it covers cases where the defendant has failed to respond, it does not look at the contents of statement of case

It is a procedural matter - not merits based

Question 7

What happens if the default judgment is wrongly entered by the claimant?

Answer 7

The court MUST set the judgment aside

Question 8

What happens if default judgment was correctly entered and defendant applies to have it set aside?

Answer 8

The court may set it aside if:
- the defendant has a real prospect of successfully defending the claim; or
- there is some other good reason why judgment should be set aside

Question 9

What are the rules for default judgment and additional claims?

Answer 9

• if a party does not file a defence to a counterclaim, a defendant can apply for default judgment as usual
• if an existing party does not reply to a notice of contributions or indemnity, it is not possible to apply for a default judgment

Question 10

How must default judgment be obtained if the claim includes a claim for declaration and injunctions, as well as damages?

Answer 10

The claimant must obtain judgment in default of an acknowledgement of service or defence by making an application to the court

• cannot be entered by simply filing a request in relevant practice form
• must be court application

Question 11

What happens if the defendant has applied for summary judgment?

Answer 11

A claimant may not obtain a default judgment if the defendant has applied for summary judgment and that application has not been disposed of

Question 12

Can a claimant claim default judgment for a Part 8 claim?

Answer 12

No - default judgment cannot be obtained in a claim where the Part 8 Procedure has been used