Early Disposal

Question 1

What is a Default Judgment?

Answer 1

A without-trial finding for the Claimant where the Defendant has not responded in time.

Claims immune from this include:
* Part 8 Claims;
* Transactions under the CCA 1974; and
* Those carved out by Practice Directions.

Question 2

What must the Claimant show to obtain a Default Judgment?

Answer 2

The Defendant has not:

• Responded in time;
• Admitted or satisfied the Claim; or
• Applied for a strike-out or a summary judgment.

Question 3

What is the difference between a Default and Summary Judgment?

Answer 3

The former disregards the merits of the Defendant’s case, whereas the latter does not.

Question 4

How is a Default Judgment obtained?

Answer 4

• Money Claims: The Claimant submits an application that is decided on paper.
• Non-Money Claims: The Claimant submits an application that is decided at a hearing.

Question 5

Can a Claimant obtain a Default Judgment against one of two Defendants?

Answer 5

Yes, but only if the two cases can be dealt with separately.

Question 6

When must the Court set aside a Default Judgment?

Answer 6

• The relevant time limit did not expire or was respected;
• Summary Judgment or Strike-Out was applied for before Default Judgment was entered; or
• The Defendant admitted and satisfied the whole of the Claim, or required time to pay, before Default Judgment was entered.

Question 7

When may the Court set aside a Default Judgment?

Answer 7

• The defendant has a real prospect of successfully defending the claim; or
• It appears to the court that there is some other good reason why judgment should be set aside or varied or the defendant should be allowed to defend.