Quiz revision

Question 1

What does a default judgment mean under the CPR?

Answer 1

CPR 12.1:
In these Rules, ‘default judgment’ means judgment without trial where a defendant
(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence or any document intended to be a defence.

Question 2

Under CPR12.2 when may a default judgment NOT be obtained?

Answer 2

a) On a claim of delivery of goods regulated by Consumer Credit Act 1974
b) Where Part 8 procedure is used
c) In any case where a rule or Practice direction says default judgment cannot be obtained

Question 3

In default judgments, when may N225 forms be used?

Answer 3

CPR12.4 if the claim is for a specified amount of money or a delivery of goods where the claim form gives an alternative of paying the value.

Question 4

When may a N205B form be used in seeking a default judgment?

Answer 4

CPR 12.4 If the amount of money sought is to be decided by the court.

Question 5

In seeking a default judgment, when may N244 forms be used?

Answer 5

CPR 12.11

The claimant must make an application in accordance with Part 23 where—

(a) the claim is—

(i) a claim against a child or protected party; or

(ii) a claim in tort by one spouse or civil partner against the other;

(b) the claimant wishes to obtain a default judgment where the defendant has failed to file an acknowledgment of service—

(i) against a defendant who has been served with the claim out of the jurisdiction under rule 6.32(1) or 6.33(2B); (service where permission of the court is not required under the Civil Jurisdiction and Judgments Act 1982);

(ii) against a defendant domiciled in Scotland or Northern Ireland;

(iii) against a State;

(iv) against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of the Diplomatic Privileges Act 1964; or

(v) against persons or organisations who enjoy immunity from civil jurisdiction under the provisions of the International Organisations Acts 1968 and 1981.

Question 6

When MUST the court set aside a default judgment?

Answer 6

CPR 13.2

Court must set it aside if ack. of service or defence conditions not satisfied, or whole claim satisfied before judgment

Question 7

CPR 12.3(3)

Answer 7

The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—

(a)t he defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

(2) Judgment in default of defence (or any document intended to be a defence) may be obtained only—

(a) where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

Question 8

When MAY a default judgment be set aside?

Answer 8

CPR 13.3

Court may set it aside or vary judgment if Def has real prospect of successfully defending the claim, or there is some other good reason for set aside or defence.
Must be supported by evidence.
Application must be made promptly.

Question 9

When may the court give a summary judgment against a claimant or defendant?

Answer 9

CPR 24.3

The court may give summary judgment against a claimant or defendant on the whole of a claim or on an issue if—

1. t considers that the party has no real prospect of succeeding on the claim, defence or issue;

AND

2. there is no other compelling reason why the case or issue should be disposed of at a trial.

Question 10

How much notice must be given to the respondent after application for summary judgment?

Answer 10

CPR 24.4(5)

14 days notice to respondent required of the hearing date and the issues.

Question 11

What is the procedure for obtaining a summary judgment?

Answer 11

CPR 24.5
Procedure is:
* file an Application Notice, N244
* serve copy,
* state the order required and why
* verify by a statement of truth
* serve as soon as practicable and at least 3 days before hearing (unless other time limit applies).
* Serve with witness statement and draft order.

Question 12

Can a summary judgment be without hearing?

Answer 12

Yes. CPR 24.5

Can be without hearing if parties and court agree.
If court gave permission to omit service, then all documents must be served on respondent, plus statement of right to apply to set aside/vary.
7 days for unserved respondent to apply to set
aside.
Court can proceed if party absent.