Default judgment (W6) Flashcards
CPR 12.1 - Meaning of ‘default judgment’
‘Default judgment’ means judgment without trial where a defendant –
(a) has failed to file an acknowledgement of service; or (b) has failed to file a defence.
CPR 12.2 - Claims in which default judgment may not be obtained
(a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974
(b) where the claimant uses the procedure set out in Part 8
(c) in any other case where a PD provides that the claimant may not obtain default judgment.
CPR 12.3 - Conditions to be satisfied
The claimant may obtain judgment in default of an acknowledgement of service only if at the date on which judgment is entered–
(a) the defendant has not filed an acknowledgement of service or a defence to the claim (or any part of the claim); and
(b) the relevant time for doing so has expired.
Judgment in default of defence may only be obtained –
(a) where an acknowledgment of service has been filed but at the date on which judgment is entered a defence has not been filed;
(b) in a counterclaim made under CPR 20.4, where at the date on which judgment is entered a defence has not been filed, and, in either case, the relevant time limit for doing so has expired.
The claimant may not obtain a default judgment if:
(a) the defendant has applied (i) to have the claimant’s statement of case struck out under CPR 3.4; or (ii) for summary judgment under CPR 24, and in either case, that application has not been disposed of;
(b) the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment;
(c) (i) the claimant is seeking judgment on a claim for money; and (ii) the defendant has filed or served on the claimant an admission under CPR 14.4 or 14.7 together with a request for time to pay; or
(d) notice has been given under CPR 82.21 of a person’s intention to make an application for a declaration under s.6 Justice and Security Act 2013 in relation to the proceedings, and that application has not been disposed of.
CPR 12.4 - Procedure for obtaining default judgment
- A claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for:
(a) a specified amount of money;
(b) an amount of money to be decided by the court;
(c) delivery of goods where the claim form gives the defendant the alternative of paying their value; or
(d) any combination of these remedies. - The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment:
(a) on a claim which consists of or includes a claim for any other remedy; or
(b) where rule 12.9 or 12.10 so provides,
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. - Where a claimant–
(a) claims any other remedy in his claim form in addition to those in the first para, but (b) abandons the claim in his request for judgment, he may still obtain a default judgment by filing in that way. - In civil proceedings against the Crown, as defined in CPR 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 s.18 Crown Proceedings Act 1947 and CPR 6.10.
CPR 12.5 - Nature of judgment where default judgment obtained by filing a request
- Where the claim is for a specified sum of money, the claimant may specify in a request filed under CPR 12.4(1)-
(a) the date by which the whole of the judgment debt is to be paid; or (b) the times and rate at which it is to be paid by instalments. - A default judgment on a claim for a specified amount of money obtained on the filing of a request, will be judgment for the amount of the claim (less any payments made) and costs (a) to be paid by the date or at the rate specified in the request; or (b) if none is specified, immediately.
- 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 decided by the court and costs.
- Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained will be judgment requiring the defendant to (a) deliver the goods or pay the value of the goods as decided by the court; and (b) pay costs.
CPR 12.6 - Interest
A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if–
(a) the particulars of claim include the details required by CPR 16.4;
(b) where interest is claimed under s.35A Senior Courts Act 1981 or s.69 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) the claimant’s request for judgment includes a calculation of the interest claimed for the period from the date up to which interest was stated to be calculated in the claim form to the date of the request for judgment.
- Where this does not apply, the judgment will be for an amount of interest decided by the court.
CPR 12.8 - Claim against more than one defendant
- A claimant may obtain a default judgment on request on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.
- Where a claimant applies for default judgment against one of two or more defendants-
(a) if the claim can be dealt with separately from the claim against the other defendants, (i) the court may enter default judgment against that defendant; and (ii) the claimant may continue the claim against the other defendants.
(b) if the claim cannot be dealt with separately, (i) the court will not enter default judgment against that defendant; and (ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants. - A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless (a) he has obtained a judgment for possession or delivery against all the defendants to the claim, or (b) the court gives permission.
CPR 12.10(a) - Default judgment obtained by making an application
The claimant must make an application in accordance with Part 23 where the claim is (i) a claim against a child or protected party; or (ii) a claim in tort by one spouse or civil partner against the other.
12PD.1 - Default judgment
- A defence includes any document purporting to be a defence.
- A claimant may not obtain default judgment under Part 12 if (i) the procedure set out in Part 8 is being used, or (ii) the claim is for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974.
- Other rules and PDs provide that default judgment under Part 12 cannot be obtained in particular types of proceedings, e.g. admiralty proceedings, arbitration proceedings, contentious probate proceedings, claims for provisional damages, and possession claims.
12PD.2 - Obtaining default judgment
Types of claim which require an application for default judgment rather than filing a request:
(1) against children and protected parties
(2) for costs (other than fixed costs) only
(3) by one spouse or civil partner against the other on a claim in tort
(4) for delivery of goods where the defendant will not be allowed the alternative of paying their value
(5) against persons or organisations who enjoy immunity from civil jurisdiction under the provisions of the International Organisations Acts 1968 and 1981
12PD.3 - Default judgment by request
Requests for default judgment–
(i) in respect of a claim for a specified amount of money or for the delivery of goods where the defendant will be given the alternative of paying a specified sum, or for fixed costs only, must be in Form N205A or N225, and
(ii) in respect of a claim where an amount of money (including an amount representing the value of goods) is to be decided by the court, must be in Form N205B or N227.
- The forms require the claimant to provide the date of birth (if known) of the defendant where the defendant is an individual.
12PD.4 - Evidence
Both on a request and on an application for default judgment, the court must be satisfied that:
(1) the particulars of claim have been served on the defendant
(2) either the defendant has not filed an acknowledgment of service or has not filed a defence and that in either case, the relevant period for doing so has expired
(3) the defendant has not satisfied the claim, and
(4) the defendant has not returned an admission with the court under CPR 14.6
12PD.4.2 - Application against child or protected party
- A litigation friend to act on behalf of the child or protected party must be appointed by the court before judgment can be obtained, and
- The claimant must satisfy the court by evidence that he is entitled to the judgment claimed.
12PD.4.6 - Delivery of goods where the defendant will not be given the alternative of paying their value
The evidence must identify the goods and state where the claimant believes the goods to be situated and why their specific delivery is sought.
12PD.5 - General requirements
- On all applications, notice should be given in accordance with Part 23.
- Where a default judgment is given on a claim for a sum of money expressed in a foreign currency, the judgment should be for the amount of the foreign currency with the addition of “or the Sterling equivalent at the time of payment.”