Default & Summary Judgment Flashcards
What is a default judgment?
Judgment without trial where the defendant has failed to file an acknowledgment of service or has failed to file a defence.
When may default judgment not be obtained?
On a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act
Where he brings a claim under Part 8
In any other case where a PD provides that the claimant may not obtain default judgment
What are the conditions to be satisfied when obtaining judgment in default of an acknowledgment of service
If at the date on which judgment is entered -
D has not filed an AOS or a defence to the claim and the relevant time for doing so has expired.
What are the conditions to be satisfied when obtaining judgment in default of defence
Where an AOS has been filed but at the date on which judgment is entered a defence has not been filed
In a counterclaim, where at the date on which judgment is entered a defence has not been filed
And, in either case, the relevant time for doing so has expired.
When can a claimant not obtain a default judgment?
if the defendant has applied to have the claimant’s statement of case struck out or has applied for summary judgment, and in either case, that application has not been disposed of.
the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment.
the claimant is seeking a sum of money and the defendant has filed an admission together with a request for time to pay
In what ways can a claimant obtain a default judgment?
By filing a request in the relevant practice form
By making an application pursuant to Part 23
When must a claimant obtain a default judgment by filing a request in the relevant practice form?
Where the claim is for:
- a specified amount of money
- an amount of money to be decided by the court
- delivery of goods where the claim form gives the defendant the alternative of paying their value
- any combination of these remedies
When must a claimant obtain a default judgment by making an application to the court?
on a claim which consists of or includes a claim for any other remedy than those which are covered by the method of filing a request for default judgment
when obtaining default judgment for costs only
