Early disposal

Question 1

What is a default judgement? When is it applied for?

AKA judgement in default

Answer 1

Judgement to be granted in C’s favour without a trial if D has not responded to claim by either serving acknowledgement of service/defence within prescribed time limits

If C successful = C has won!

Question 2

For what types of claim can a default judgement not be obtained?

Answer 2

• Claims for delivery of goods subject to agreement regulated by Consumer Credit Act 1974
• Part 8 claims
• Any other claims where PD provides C may not obtain DJ

Question 3

Other than time expiring for filing ack of service/defence, what else must not have happened?

Answer 3

• Claim has not been admitted or satisfied by D
• No application for summary judgement or strike out has been made by D

Question 4

What is the difference between a default judgement, summary judgement and strike out?

Answer 4

• Strike out = cases which do not amount to legally recognisable claim/defence
• Summary judgement = when cases are weak on facts and no real prospect of success (merits)
• Default judgement = D has failed to respond to a claim and this is the consequence (procedural)

Question 5

What is the difference in procedure for obtaining default judgement for specified and unspecified sums?

Answer 5

For both C will file request for judgement on specified form…

• Specified = court make judgement for amount sought, fixed cost, and interest accrued to date of judgement
• Unspecified = court enter judgement for sum to be decided by court and set timetable leading up to hearing to decide sum

Can both be decided on paper

Question 6

How is the procedure for default judgement for non-money claims different?

E.g. injunction

Answer 6

Cannot be decided on paper - instead must apply for default judgement hearing to be listed

Court gives whatever judgement it deems appropriate

Question 7

What will court hear at a default judgement hearing?

For non-money claims

Answer 7

Why default judgement is to be granted and what judgement should be given (from C)

Question 8

When will the default judgement on a claim for a specified amount of money include the amount of interest claimed to date of judgement?

Answer 8

Provided…

1. POC include details of interest / statutory interest rate is no higher than rate of interest payable on judgement debts at date when claim form issued; and
2. C’s request for judgement includes calculation of interest claimed to the date of request for judgement

In other case = amount of interest to be decided by court

Question 9

When can a C obtain a default judgement against one of 2 or more Ds and proceed with claim(s) against other D(s)?

I.e. get SJ on one, proceed with rest

Answer 9

Where claim can be dealt with separately from the claim against other Ds

Sometimes claim cannot be dealt with separately e.g. where the claim against the two defendants is ‘in the alternative’; meaning the claimant alleges one of the Ds is liable, but does not know which (success and failure of each go hand in hand so cannot be dealt with separately)

Question 10

Can a default judgement only be set aside by D?

Answer 10

No, court can set aside of its own motion

Idea here to avoid injustice

Question 11

What are the two types of cases for setting aside default judgement?

Answer 11

1. Court must because judgement was wrongly entered
2. Court may if judgement was correctly entered

Question 12

For what reasons must the court set aside summary judgement because it was wrongly entered?

Answer 12

• Time limit has not actually expired (when judgement was entered)
• Ack of service/defence had actually been filed on time
• Summary judgement/strike out had been applied for before judgement entered
• D had satisfied whole of claim before judgement entered/admitted claim/required time to pay

Basically any mistake as to the conditions of summary judgement

Question 13

For what 2 reasons would the court consider setting aside summary judgement?

I.e. judgement correctly entered and may set aside

Answer 13

1. D has real (more than merely arguable) prospect of successfully defending claim (no mini trial); or
2. Other good reason why judgement should be set aside (public interest/C failed to serve something, C lulled D into believing claim not forthcoming)

Court will also consider how promptly D made application to set judgement aside

Question 14

What other tests are relevant when applying for a default judgement to be set aside?

Answer 14

The tests for relief from sanction laid down in Denton (as application to set aside default judgement is an application for relief from sanction!)

Question 15

What can court attach to the setting aside of a default judgement?

Answer 15

Conditions e.g. D pays C’s costs of hearing