Judgment Without Trial

Question 1

What is the event which starts the time limit to serve a defence running under the CPR 9.1(2)?

Answer 1

The service of the particulars of claim by the Claimant

Question 2

Where the claim form and the particulars of claim are separate documents when should the particulars be served? (CPR 7.4)

Answer 2

Within 14 days of the claim form and in any event within the period of validity of the claim form

Question 3

What should a defendant serve on the Respondent alongside their particulars of claim? (Sprack, 6.15)

Answer 3

A response pack

Question 4

If the claim is admitted and the whole sum is paid within 14 days of service of the claim form, the defendant’s liability for costs will be limited to fixed costs. (Sprack, 12.04). True or false?

Answer 4

True

Question 5

A defendant may acknowledge service. What effect does this have according to CPR 15.4(1)(b)?

Answer 5

By acknowledging service a defendant is given an extra 14 days for filing the defence, so that the defence need not be served until 28 days after the service of the particulars of claim.

Question 6

A defendant can skip the acknowledgement of service stage altogether and file a defence from the outset within 14 days of service of the particulars of claim. (CPR 10.1(3)). True or false?

Answer 6

True

Question 7

The parties can agree to extend time for filing the defence for a further number of days according to CPR 15.5. What is the number of days?

Answer 7

28 days

Question 8

What are the two conditions to be satisfied for judgment in default of an acknowledgement of service? (CPR 12.3)

Answer 8

1. The defendant has not filed an acknowledgement of service or a defence
2. The relevant time period for doing so has expired

Question 9

What are the two conditions to be satisfied for judgment in default of a defence? (CPR 12.3)

Answer 9

1. An acknowledgement of service has been filed but no defence
2. The relevant time period for filing a defence has expired.

Question 10

What are some cases in which ordinary default judgment is excluded?

(CPR 12.2(b))

Answer 10

1. Part 8 claims

2. Claims governed by specialized procedures

Question 11

Can part 8 claims be subject to default judgments? (CPR 12.2)

Answer 11

No

Question 12

In claims seeking to recover money and/or the delivery of goods (where the defendant has the alternative of paying the value of the goods), default judgments are available simply by filing a standard form request. The claimant sends the form to the court office and a member of court staff will enter the judgment. There is no hearing. (Sprack, 13.13) True or false?

Answer 12

True

Question 13

Default judgment where the time limits for the defence has expired is automatic, irrespective of whether the Claimant applies for default judgment. True or false? (Dunn, p67)

Answer 13

False. The Claimant must apply for default judgment.

Question 14

In money claims with exceptional features and where the claimant is seeking a non pecuniary remedy- an application to the Court is necessary for default judgment. What is an example of a non pecuniary remedy? (Dunn, p67)

Answer 14

Specific performance

Question 15

Which of the following is correct:

[A] Where a claimant applies for a default judgment against one of two or more defendants if the claim can be dealt with separately from the claim against the other defendants the court may enter a default judgment against that defendant; and the claimant may continue the proceedings against the other defendants.

[B] Where a claimant applies for a default judgment against one of two or more defendants the court may not enter a default judgment against that defendant. The claimant may continue the proceedings against the all defendants.

CPR 12.8

Answer 15

[A]

Question 16

Which of the following are claims where default judgment CANNOT be obtained by simply filing a request in the appropriate practice form and a request to the court must be made:

i) Against children and protected parties
ii) For fixed costs
iii) For costs (other than fixed costs)
iv) By one spouse or civil partner against the other on a claim in tort.
v) For delivery up of goods where the defendant will not be allowed the alternative of paying their value.
vi) For delivery of goods where the claim form gives the defendant the alternative of paying their value.

[A] ii), iii), iv) v)
[B] i), iii), v), vi)
[C] ii), ii, ,iv) vi)
[D] i), iii), iv), v)

Answer 16

[D]

Question 17

Monica Mulligan sues Polly Clarke for breaching her book writing contract. Monica seeks an injunction to prevent Polly from using any of the characters in the story she wrote “And God Created Woman”. Polly fails to acknowledge the claim within 14 days.

True or false:

Monica may apply to the Court for default judgment on application, under the Part 23 procedure for interim applications. The court will give such judgment “as it appears the claimant is entitled to on the statement of case

(CPR 12.11)

Answer 17

True

Question 18

If the claim is for a specified amount of money (plus interest) judgment will be final as to both liability and quantum. (CPR 12.5(2)). True or false?

Answer 18

True

Question 19

If a claim for default judgment is for specified damages, the judgment will be XXXX. If the claim is for unspecified damages, the judgment will be YYYY, with a finding as to PPPP but not as to AAAA.

What is XXXX, YYYY, PPP and AAAA?
(CPR 12.5(2-3)

Answer 19

XXXX= Final
YYYY= Partial
PPPP= Liability
AAAA= Quantum

Question 20

What is a claim for liquidated damages?

Answer 20

A claim for specified damages

Question 21

What is a claim for unliquidated damages?

Answer 21

A claim for unspecified damages.

Question 22

Defendants who have default judgments against them can apply to have them varied or “set aside”. Applications are made under the Part XX procedure for interim applications.

What is XX?

Answer 22

23

Question 23

Default judgment is set aide as of right if the court finds, on an application, that the relevant procedural requirements of Part 12 were not met. CPR 13.2. True or false?

Answer 23

True

Question 24

What is the test for the court deciding whether to set aside default judgment?
(CPR 13.3)

Answer 24

1. Whether the defendant has a real prospect of defending the claim
2. Whether there is a good reason for setting aside the judgment
3. Whether the application to set aside was made promptly.

Question 25

In Evans v Bartlam what did Lord Atkin say?

“The principle obviously is that unless and until the Court has pronounced a judgment on the merits or by consent, it is to have the power to revoke it’s coercive power where that has only been obtained by a failure to follow any of the ___________”

What is _________?

(Dunn, p70)

Answer 25

“rules of procedure”.

Question 26

True or false:

Because of the deeming provisions, a defendant may be considered properly served with particulars of claim, even though they never in fact arrived. Would this be “good reason” to set aside any judgment in default?

[A] Yes, always
[B] No, never
[C] Yes, depending on the circumstances

Answer 26

[C]

Question 27

When a court sets aside a default judgment, can it impose conditions? (CPR13.1(3))

Answer 27

Yes

Question 28

What is the most likely condition to be attached to an order to set aside default judgment? (CPR 13.1)

Answer 28

An order that the defendant pay the costs “thrown away” because of the failure to follow the rules.

Question 29

Is it true or false that parties can validly agree to extend the time for the filing of a defence for any period of time, provided that the court is notified of the agreement in writing?
(CPR 15.5)

Answer 29

No, they can only alter up to 28 days

Question 30

James is personally served with a claim form, particulars of claim and response pack at 10.45 a.m. on Friday 26th September 2014.

He files an acknowledgment of service on Monday 6th October 2014, before going on a month-long business trip to Australia. Which one of the following statements is correct?

[A] The earliest date the Claimant can enter judgment in default of defence against James is Friday 24th October 2014.

[B] The earliest date the Claimant can enter judgment in default of defence against James is Monday 27th October 2014.

[C] The earliest date the Claimant can enter judgment in default of defence against James is Friday 31st October 2014.

[D] The earliest date the Claimant can enter judgment in default of defence against James is Monday 3rd November 2014.

Answer 30

[A]

Question 31

Home Cleaning Solutions, a partnership run by Mr and Mrs Sommers, has been sued in the firm’s name in the High Court. The claim form, particulars of claim and response pack were served, by first class post, at Mr and Mrs Sommers’ home address.

On the deemed day of service Mr and Mrs Sommers were abroad on holiday and did not return until 2 weeks after a judgment in default had been entered against them. They have a genuine and substantial defence to the claim and wish to defend the action. Which one of the following statements is correct?

[A] As the judgment has been entered, the defendants should appeal to the Court of Appeal.

[B] As the judgment has been entered, the defendants should pay the outstanding judgment debt against them and issue a counterclaim.

[C] The defendants should immediately apply to have the default judgment set aside under Part 13 of the CPR.

[D] The defendants should ask the Claimant to consent to setting aside the default judgment, failing which they should appeal the default judgment.

Answer 31

[C]

Question 32

LegalBeagle Stationary Ltd has been sued by Chambers Distributors Ltd. The claim form (accompanied by the particulars of claim and a response pack) was served upon the defendant seven weeks ago at the defendant’s registered office at 50 Chancery Lane, London. The company’s solicitors never received any documents relating to the claim and no steps were taken, either to acknowledge service or to file a defence. Chambers Distributors Ltd wishes to enter judgment in default against LegalBeagle Stationary Ltd. Chambers Distributors Ltd may obtain judgment in default of an acknowledgment of service only if LegalBeagle Stationary Ltd has not filed an acknowledgment of service or a defence to the claim or any part of it, and time for doing so has expired. As regards those times, which one of the following statements is correct?

[A] The period for filing an acknowledgment of service is within 14 days after service of the claim form where, as in this case, LegalBeagle Stationary Ltd has been served with a claim form accompanied by particulars of claim.

[B] The period for filing a defence in this case is within 21 days after service of the particulars of claim or, if LegalBeagle Stationary Ltd file an acknowledgment of service, within 28 days after service of the particulars of claim.

[C] The period for filing a defence in this case is 14 days after service of the particulars of claim or, if LegalBeagle Stationary Ltd file an acknowledgment of service, 21 days after service of the particulars of claim.

[D] The period for filing a defence is, in this case, 28 days after service of the particulars of claim, whether or not LegalBeagle Stationary Ltd files an acknowledgment of service.

Answer 32

[A]

Question 33

LegalBeagle Stationary Ltd has been sued by Chambers Distributors Ltd. The claim form (accompanied by the particulars of claim and a response pack) was served upon the defendant seven weeks ago at the defendant’s registered office at 50 Chancery Lane, London. The Company Secretary, unaware of the subject matter of the claim, forwarded the documents by post to the company’s administrative offices in Bloomsbury. His accompanying note advised the administrative staff to locate old records and documents and pass them on to the company’s solicitors.

The company’s solicitors never received any documents relating to the claim and no steps were taken to acknowledge service or file a defence. Judgment in default has been entered against LegalBeagle Stationary Ltd. LegalBeagle Stationary Ltd wishes to have the default judgment set aside. Those instructing you have taken witness statements from both the Company Secretary and the manager who dealt with the transaction (and dispute) with Chambers Distributors Ltd. Which of the following statements is/are correct?

[A] The Company Secretary, as the most senior person, must make the witness statement in support of an application to set aside the default judgment.

[B] The application notice and supporting evidence should be drafted without delay, as further delay may prejudice LegalBeagle Stationary Ltd.

[C] The witness statement/s in support of the application to set aside the default judgment must show that LegalBeagle Stationary Ltd has a real prospect of successfully defending the claim, or that the judgment should be set aside for some other good reason, and should also give a brief explanation as to why there was no response to the proceedings.

[D] Any documents which support the application by LegalBeagle Stationary Ltd to set aside the default judgment should be exhibited to supporting witness statements.

Answer 33

[B], [C] and [D]

Question 34

Chris Costigan, a plumber, is a sole trader. He is sued in the County Court for a breach of contract for plumbing services. The claim form, particulars of claim and response pack were personally served on him at 3pm on 4th November 2014. He acknowledged service on 7th November. It is now 27th November. He has not yet filed a defence but has just received notice that default judgment was entered on 24th November. Which one of the following statements is correct?

[A] The claimant has entered default judgment validly under the CPR. Mr Costigan cannot properly contend that the court must set aside the default judgment.

[B] Mr Costigan had until the 20th November to respond. He did so by acknowledgment on the 7th November. That meant that he had until the 4 th December to file his defence. Therefore the mandatory ground to set aside the default judgment under Rule 13.2 applies.

[C] The claimant has entered default judgment too early; Mr Costigan can insist that the court set aside the default judgment but it would be best to ask the claimant to consent to this as soon as possible to avoid the necessity of an application.

[D] Mr Costigan had until the 18th November to respond. He did so by acknowledgment on the 7th November. That meant that he had until close of business on 21st November to file his defence. The mandatory ground to set aside the default judgment, under CPR 13.2, does not therefore apply.

Answer 34

[C]

Question 35

If a defendant is only seeking money, and the defendant admits part of the claim in response to the particulars of claim being served, what are the two choices that a claimant has (CPR 14.5)?

Answer 35

1. Accept the amount in satisfaction of the claim

2. Do not accept the amount and continue proceedings

Question 36

What is the test for whether the Court will set aside default judgment? (CPR 13.3)

Answer 36

1. Does the defendant have a real prospect of successfully defending the claim?
2. Is there some other good reason why the defendant should be allowed to defend the claim
3. Has the defendant made an application promptly?

Question 37

A defendant is served with particulars of claim by which the claimant claims a specified amount of money, and no other relief. Is the following true or false?

The defendant may admit the whole of the claim, by returning to the claimant an admission in the relevant practice form. (CPR 14.1)

Answer 37

True

Question 38

A defendant is served with particulars of claim by which the claimant claims a specified amount of money, and no other relief. Is the following true or false?

The defendant may admit liability and make an offer to pay a specified sum of money in satisfaction of the claim. A claimant who does not accept that offer may enter judgment for a sum which he considers to be appropriate. A defendant who disagrees with that amount may apply to court for the judgment to be varied.

Answer 38

False

Question 39

A defendant is served with particulars of claim by which the claimant claims a specified amount of money, and no other relief. Is the following true or false?

The defendant may admit part of the claim by filing an admission in the relevant practice form. In that event the claimant, on receipt of notice from the court of that admission, may file a notice accepting that part admitted; upon which the court may enter judgment for that sum, and that claimant may continue with the claim for the balance.

(CPR 14.5)

Answer 39

False

Question 40

A defendant is served with particulars of claim by which the claimant claims a specified amount of money, and no other relief. Is the following true or false?

The defendant can admit part of the claim by filing an admission in the relevant practice form. In that event the claimant, on receipt of notice from the court of that admission, must either accept the part admitted in full satisfaction of the claim, or indicate that he does not accept that amount in full settlement of the claim and that he wishes the proceedings to continue. In the latter case the proceedings will continue as a defended claim for the whole sum claimed in the particulars of claim.

(CPR 14.5)

Answer 40

True

Question 41

Which is the correct test for setting aside or varying default judgment?

[A] (a) the defendant has a real prospect of successfully defending the claim; and
(b) it appears to the court that there is some other good reason why – [the court should set aside default judgment]

[B] (a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other compelling reason why – [the court should set aside default judgment]

[C] (a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why – [the court should set aside default judgment]

[D] (a) the defendant has a reasonable prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why – [the court should set aside default judgment]

Answer 41

[C]

Question 42

What is the correct test for granting summary judgment?

CPR 24.2

Answer 42

The Court may give summary judgment if it considers that:

1. The Claimant has no real prospect of succeeding on the claim or issue:
   OR
2. The defendant has no real prospect of successfully defending the claim or issue
   AND
3. There is no other compelling reason why the case should be disposed of at a trial.

Question 43

In what proceedings is summary judgment not available?

CPR 24.3

Answer 43

Against a mortgagor or a tenant