Early Disposal

Question 1

What is a Default Judgment?

Answer 1

A No-Trial Ruling for the Claimant where the Defendant failed to respond in time.

Claims immune to this include:

• Part 8 Claims.
• Transactions under the CCA 1974.
• Carve-Outs in 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 by 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

When the Defendant can prove the Claimant failed to satisfy the Grounds.

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
• The Court believes there is some other good reason.