Default judgment

Question 1

What is DJ

Answer 1

Applying for judgment in C’s favour if D has not responded to claim by acknowledging service or a defence within time limits

Question 2

When is Default Judgment not possible.

Answer 2

• Claims for delivery of goods subject to agreement regulated by Consumer Credit Act
• Part 8 claims (altnerative claims)
• any other claim where the PD says so

Question 3

What must a claimant show at the date judgment is entered?

Answer 3

Time has expired, claim has not been admitted or satisfied, no application for summary judgment or strike out by D

These are necessary conditions for applying for default judgment

Question 4

What can a claimant request judgment for?

Answer 4

Specified or unspecified sums

For unspecified sums, the court will set a timetable for deciding the amount

Question 5

What must be done for non-money claims when seeking default judgment?

Answer 5

Must apply for a default judgment hearing at court

Non-money claims follow a different procedure compared to money claims

Question 6

What types of interest can be included in the claim?

Answer 6

Interest sought in PoC or statutory interest

Statutory interest is usually at the rate when the claim form was issued, otherwise it is decided by the court

Question 7

Can default judgment be entered against multiple defendants?

Answer 7

Yes, it can be split among defendants

However, sometimes the claim cannot be dealt with separately, and default judgment against some defendants may be dealt with at trial

Question 8

Under what conditions must default judgment be set aside by the court?

Answer 8

Time limit has not expired, D has satisfied claim, summary judgment or strike out applied for

These are situations where the court must set aside the default judgment

Question 9

What are some reasons why a court may choose to set aside a default judgment?

Answer 9

D has real prospect of successfully defending claim, other good reason

Also consider Denton.

The application must be supported by evidence, and no mini-trial is necessary. The court has discretion in these matters

Question 10

What conditions might be attached if the court sets aside a default judgment?

Answer 10

D pays for C’s costs of the hearing

Courts may impose conditions when setting aside a default judgment

Question 11

What is required for the defendant regarding time limits?

Answer 11

Need to comply with time limits

Delays can affect the proceedings and the ability to apply for default judgment