Early Disposal - Default judgement

Question 1

what is a default judgement

Answer 1

applying for a judgement to be granted in claimant’s favour without a trial if d has not responded to the claim in prescribed time limits

Question 2

When may a default judgement not be obtained?

Answer 2

Claims for delivery of goods subject to an agreement regulated by the consumer credit act 1974

part 8 claims

any other claims where practice direction provides c cannot obtain a default judgement

Question 3

What must c show to obtain a default judgement?

Answer 3

Time has epired for filing an acknowledgement and a defence and d did not do so on the date of judgement

the claim has not been admitted or satisfied by the defendant

no application for a summary judgement or a strike out has been made by the defendant

Question 4

What is the difference between a default judgement and strike out

Answer 4

strike out - covers cases that do not amount to legally recognisable claims

default judgement- d has failed to respond

Question 5

what is a difference between a default and summary judgement

Answer 5

summary judgements covers cases which are weak on facts so the court considers merits of the calims

Question 6

Procedure for a default judgement in money claims for specified sums

Answer 6

c may file a request on specified form

application is dealt with on paper - N255 form

court will make judgement on amount sought, fixed costs and interest

Question 7

Procedure for a default judgement in money claims for unspecified sums

Answer 7

c may file a request on specified form

application is dealt with on paper - N277 form

court will enter a judgement for sum to be decided by court and set a timeline leading up to a hearing at which the court will decide that sum

Question 8

procedure for default judgement in non money claims

Answer 8

cannot be decided on paper

c must apply for default judgement hearing to be listed at court

court will hear why default judgement should be given and then give whatever judgement it considers appropriate

Question 9

In what two types of cases can a default judgement be set aside?

Answer 9

Where judgement was wrongly entered because
- time limit for serving has not indeed passed
-acknowledgement of service has been filed on time or
- summary judgement or strike out had been applied for before judgement was entered or
- d satisfied the claim before judgement was entered into or admitted the claim or required time to pay

Where judgement was correctly entered because:
- D has a real prospect of defending the claim or
- it appears to the court that there is some other good reason why judgement should be set aside or varied or D should be allowed to defend

Question 10

What must the court consider when deciding if it may set aside the jdgement?

Answer 10

1. how promptly the d made application to set aside
2. a real prospect of success of defending the claim
3. if any conditions should be attached to setting aside the judgement eg paying costs