Default Judgment

Question 1

What is it?

Answer 1

judgment without trial

Question 2

Test?

Answer 2

Failed to file AOS; or
Failed to file defence

Question 3

Who can request DJ?

Answer 3

Only C can request DJ

Question 4

Outcome of DJ?

Answer 4

C can take enforcement action to recover the judgment sum e.g. bailiffs, applying for an attachment of earnings order or charging order over D’s home

Question 5

How long to serve claim form on D?

Answer 5

Claim form - stamped - 4 months to serve (aka send) to D

Question 6

What happens if you don’t request DJ?

Answer 6

Things proceed as normal

Question 7

What should you do if D says they’ll reply late to CF?

Answer 7

You should NOT request DJ as D will appeal for good reason and trial will continue

Question 8

Timings and procedure for filing AOS?

Answer 8

Response pack - form N9
File AOS within 14 days from service of CF, which will give D 14 more days (28 total) to file defence

Question 9

What happens if there’s no AOS filed?

Answer 9

Only have 14 days to reply with defence

Question 10

What happens if there’s no Defence filed?

Answer 10

Default Judgment

Question 11

Difference between SJ and DJ?

Answer 11

Default judgment does not call for any assessment of the merits of the case.
Summary judgment requires an assessment of a case on the merits: whether the case is bound to fail - or in other words - cannot succeed.