Default Judgment and Summary Judgment

Question 1

what is a default judgment under CPR 12.1?

Answer 1

a judgment without trial where D has failed to file an acknowledgment of service or has failed to file a defence or any document intended to be a defence

Question 2

When may C not obtain a default judgment?

Answer 2

if the claim is for a delivery of goods subject to an agreement regulated by the consumer credit act 1974
where they use the procedure set out in part 8 or
in any other case where a rule or PD says that C may not obtain a default judgment

Question 3

when may C obtain judgment in default of an acknowledgement of service?

Answer 3

if at the date of which the judgment is entered:
D hasn’t filed an acknowledgment of service or a defence to the claim and the relevant time for doing so has expired.

Question 4

when may default judgment of a defence or a document intended to be a defence may be obtained?

Answer 4

where acknowledgment of service has been filed but at the date on which judgment is entered, a defence hasn’t been filed
in a counterclaim made under rule 20.4 where at the date on which judgement is entered a defence hasn’t been filed.
and in either case, the relevant time limit for doing so has expired.

Question 5

when might C not obtain a judgment if at the time the court is considering the following issues?

Answer 5

if D has applied: either to have C’s statement of case struck out under rule 3.4 or for a summary judgment under part 24 and in either case, the application hasn’t been dealt with
if D has satisfied the whole claim on which C is seeking judgment
if C is seeking judgment on a claim for money and
D has admitted liability to pay all the money claimed but has requested time to pay; or
notice hasn’t been given rule 82.21 of a person’s intention to make an application for a declaration under s6 of Justice and Security Act 2013(2) in relation to the proceedings, and that application hasn’t been dealt with.

Question 6

when might C obtain a default judgment by filing a request in relevant practice form?

Answer 6

where claim is either for:
a specified amount of money
an amount of money to be decided by the court
delivery of goods where claim form gives D the alternative of paying their value or
any combination of these remedies.

Question 7

true or false:
Where the defendant is an individual, the claimant must provide the defendant’s date of birth (if known) where required in the form.

Answer 7

true

Question 8

true or false:
The claimant must make an application in accordance with Part 23 if they wish to obtain a default judgment—
(a) on a claim which consists of or includes a claim for any other remedy; or
(b) where rule 12.10 or rule 12.11 says so, and where the defendant is an individual, the claimant must provide the defendant’s date of birth (if known) in Part C of the application notice

Answer 8

true

Question 9

when might C still obtain a default judgment by filing a request under para 1?

Answer 9

where C claims any other remedy in the claim form in addition to those specified in para 1 but abandons that claim in their request for judgment.

Question 10

true or false:
In civil proceedings against the Crown, as defined in rule 66.1(2), a request for a default judgment must be considered by a Master or District Judge, who must in particular be satisfied that the claim form and particulars of claim have been properly served on the Crown in accordance with section 18 of the Crown Proceedings Act 1947 and rule 6.10.

Answer 10

true

Question 11

where the claim is for a specified sum of money, what may C specify in a request filed under 12.4(1)?

Answer 11

the date by which the whole of the judgment debt is to be paid; or
the times and rate at which it is to be paid by instalments.

Question 12

when a default judgment on a specified amount of money claim is obtained on filing a request, other than judgment and costs to be paid, when should the costs be paid?

Answer 12

by the date or at the rate specified in the request for judgment; or if none are specified, it must be paid immediately.

Question 13

true or false:
Where the claim is for an unspecified amount of money a default judgment obtained on the filing of a request will be for an amount to be decided by the court together with costs

Answer 13

true

Question 14

where a claim is for the delivery of goods and the claim form gives D the alternative of paying their value, what will the default judgment obtained on the filing of a request require D to do?

Answer 14

deliver the goods or pay the value of the goods as decided by the court and pay costs.

Question 15

true or false:
The claimant’s right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods)

Answer 15

true

Question 16

when might a default judgment on a claim for a specified amount of money may include the amount of interest claimed to the date of judgment?

Answer 16

if the particulars of claim include the details required by rule 16.4
where interest is claimed under section 35A of the Senior Courts Act 1981 or section 69 of the County Courts Act 1984, the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and
C’s request for judgment includes a calculation of interest from the date up to which interest was calculated in the claim form up to the date of the request for judgment.

Question 17

true or false:
where 12.7(2) doesn’t apply, judgment will be for an amount of interest to be decided by the court.

Answer 17

true.

Question 18

when might C obtain a default judgment on request under 12.9?

Answer 18

on a claim for money or a claim for delivery of goods against one of two or more D’s and proceed with the claim against the other defendants.

Question 19

where C applies for a default judgment against one of two or more D’s and if the claim can be dealt with separately from the claim against the other D’s, what can either the court and C do?

Answer 19

the court may enter a default judgment against D and C may continue the proceedings against the other D’s

Question 20

where C applies for a default judgment against one of two or more D’s and if the claim cannot be dealt with separately from the claim against the other defendants, what must the court do?

Answer 20

the court will not enter default judgment against that defendant; and
the court must deal with the application at the same time as it deals with the claim against the other defendants.

Question 21

when can C enforce a judgment obtained under 12.9 for possession of land or for delivery of goods against one of two or more defendants.

Answer 21

if they have obtained a judgment for possession or delivery against all defendants to the claim or
the court gives permission.

Question 22

When must C make an application in accordance with Part 23?

Answer 22

where the claim is a claim against a child or protected party; or a claim in tort by one spouse or civil partner against the other.

Question 23

When must the court set aside a judgment under part 12 if a judgment was wrongly entered?

Answer 23

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;
(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or
(c) the whole of the claim was satisfied before judgment was entered.

Question 24

When may the court set aside or vary a judgment entered under part 12?

Answer 24

(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why—
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

Question 25

true or false:
In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Answer 25

true

Question 26

true or false:
rule 13.3 deals with the setting aside of a regular judgment?

Answer 26

true

Question 27

true or false:
The use of the word “may” shows that the court has a discretion but must act in accordance with Pt 1 (the Overriding Objectives).

Answer 27

true

Question 28

true or false:
The defendant applying to set aside the judgment must come within r.13.3(1)(a) or (b). It is not enough to show an “arguable” defence; the defendant must show that they have “a real prospect of successfully defending the claim”.

Answer 28

true

Question 29

true or false:
the discretionary power to set aside is unconditional and the purpose of this is to avoid injustice.

Answer 29

true

Question 30

what is the major consideration on an application to set aside.

Answer 30

whether the defendant has shown a real prospect of successfully defending the claim or some other good reason why judgment should be set aside or they should be allowed to defend the claim.

Question 31

What was held in the case of De Ferranti v Execuzen Ltd?

Answer 31

an application to set aside a judgment or order made in the applicant’s absence must be determined in accordance with the court’s discretion under the CPR and the court may decide not to set aside a judgment or order even if made at a hearing at which the applicant has not but should have been given notice.

Question 32

true or false:
Where a condition with which a party is unable to comply is imposed on an order granting that party’s application under r.13.3, the court’s decision is tantamount to a refusal and, in effect, a final decision, (2) for that reason, a court’s setting aside a default judgment on condition that money be paid into court should not be regarded as simply a case management decision

Answer 32

true

Question 33

true or false:
In Samara v MBI & Partners UK Ltd [2016] EWHC 441 (QB), Cox J held that a decision made by a judge under r.13.3 was a final decision and could not be the subject of a second application to set aside judgment or a further challenge by reference to r.3.1(7).

Answer 33

true

Question 34

for a dissatisfied party, what is the only way forward?

Answer 34

it is to either seek permission to bring a second appeal out of time under r52.13 or to reopen the final appeal under r52.17

Question 35

Why did Berezhovsky v Russian Television and Radio Broadcasting Co allowed the application to set aside the judgment?

Answer 35

the court held that it was in the public interest to give the allegation a full and fair hearing as it involved serious allegations of fraud and threats

Question 36

true or false:
the failure to serve a response pack could potentially constitute “some other good reason” for the court to exercise its discretion to set judgment aside.

Answer 36

true

Question 37

true or false:
delay would also constitute as being a factor to take into account as being a good reason under 13.3(1)(b)(i)

Answer 37

true

Question 38

true or false:
promptness will always be a factor of considerable significance and if there has been a marked failure to make the application promptly, a court may well be justified in refusing relief, notwithstanding the possibility that D may well succeed at trial.

Answer 38

true