Default Judgment

Question 1

Which CPR part deals with default judgment?

Answer 1

Part 12

Question 2

What is default judgment?

Answer 2

Judgment without trial when D fails to file an acknowledgement of service or fails to file a defence.

Question 3

Main cases in which default judgment may not be obtained

Answer 3

1. Claims under Consumer Credit Act (e.g. purchase of car on credit)
2. Cases where Part 8 is the appropriate method for bringing a claim
3. Where a PD so provides

Question 4

Other cases where default judgment may not be obtained

Answer 4

Admiralty proceedings
Arbitration proceedings
Contentious probate proceedings
Claims for provisional damages
Possession claims

Question 5

When may C seek default judgment?

Answer 5

Once D has missed deadline for serving acknowledgement of service or defence.

Question 6

Steps that D can take to prevent C obtaining default judgment

Answer 6

If D takes view that claim lacks substance and has applied for it to be struck out or for summary judgment, C is prevented from obtaining default judgment until that application has been disposed of.

Also, if D has paid the sum claimed already or D has admitted the claim and sought time to pay, C may not obtain a default judgment.

Question 7

How is default judgment obtained in money claims (define money claims)?

Answer 7

(Specified sum, amount to be decided by court, claim for delivery of goods where D HAS been given option to pay value, or a combination of these)

1. C files a request in the relevant practice form (which depends on the type of claim being made).
2. If a claim form was served by C then C must also file a certificate of service and cannot obtain a default judgment unless this has been done.
3. A member of court staff considers it and then makes the order.
4. Entering default judgment in these cases is an administrative act and does not require any judicial input.

Question 8

What if it is not a money claim?

Answer 8

C must make an application for the matter to be heard by a judge under CPR 23 (judicial discretion required for an equitable remedy).

Question 9

Money claims where Part 23 is needed

Answer 9

A claim against a child or protected party
A claim in tort by one spouse or civil partner against another
A claim against a D who has been served outside the jurisdiction (under particular rules)
A claim against a D domiciled in Scotland, NI, or any other convention territory or member state
A claim against a diplomat who enjoys immunity from civil jurisdiction
A claim against persons or organisations who enjoy immunity from civil jurisdiction
Claims for costs (other than fixed costs)

Question 10

Delivery of goods scenario where Part 23 is needed

Answer 10

Claims for delivery of goods in those cases where D is not given the option of paying the value of the goods (this would be the case if, say, the return of a unique painting was sought)

Question 11

What if C seeks both a specified sum and an injunction, and then subsequently decides to abandon the claim for the injunction

Answer 11

C may then file a request to obtain default judgment in respect of the money claim only instead of making an application.

Question 12

Nature of the evidence the court will require to be filed with either an application or with a request for default judgment

Answer 12

Evidence that PoC has been served on D (certificate of service is sufficient).

Court must be satisfied that D has not done the things they are supposed to.

In scenarios where they might not be able to get default judgment (e.g. jurisdictional issues or child or protected party involved), evidence must satisfy the court that they in fact can. Evidence must be by affidavit.

Claim for delivery of goods where D will not be given option of paying their value, evidence must identify goods and state where C believes them to be situated and why specific delivery is sought.

Question 13

What sort of judgment will be obtained when the claim is for a specific sum of money?

Answer 13

C may specify in request for default judgment:

The date by which the whole of the judgment debt is to be paid
The times and rate at which it is to be paid by instalments
Judgment will include costs to be paid by the date or at the rate specified in the request for judgment (or if none specified, immediately)
May include interest if claimant’s request for judgment includes a calculation of interest claimed from the date up to which it was stated to be calculated in the claim form to the date of the request for judgment (in other cases, court will decide interest)

Question 14

What sort of judgment will be obtained when the claim is for an unspecified sum of money?

Answer 14

Default judgment will be for an amount to be decided by the court and costs.

Question 15

What sort of judgment will be obtained when the claim is for delivery of goods and claim form gives D alternative of paying value?

Answer 15

The default judgment will be judgment requiring D to deliver the goods or pay the value as decided by the court, and pay costs.

Question 16

What if there is more than one D?

Answer 16

If you have a claim for money or delivery of goods of one of two or more defendants, and it is possible to deal with claims against the defendants separately, a claimant can get default judgment against one and proceed with the claim.

On the other hand, if it is not possible for the court to deal with the claims separately it will not enter default judgment but it will address that application at the same time as it deals with the claim against the other defendant.

Question 17

Exception to rule permitting the enforcement of a default judgment against one of multiple defendants

Answer 17

C may not enforce against one of two or more defendants a default judgment obtained for possession of land or delivery of goods unless he has obtained a judgment for possession or delivery against all the defendant or the court gives permission.

Question 18

Default judgment and litigation friends

Answer 18

For child or protected party, litigation friend must be appointed by court before judgment can be obtained