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Default Judgment Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Default Judgment notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

DEFAULT JUDGMENT Claimant can enter Default Judgment if:


Defendant has not filed acknowledgement/defence within 14 days of deemed service of Particulars of Claim, or


Defendant has not filed defence within 28 days (if filed acknowledgement)

Unless extension agreed/ordered - not until after later date. If Claimant does not seek Default Judgment - claim will be stayed 6 months after date for filing acknowledgement/defence. Cannot get Default Judgment for:


delivery of goods subject to Consumer Credit Act,


provisional damages


claims in specialised procedures which do not require defence/acknowledgement Entering Default Judgment (money claims / delivery of goods)

Claimant returns request to court asking for Default Judgment to be entered - no consideration of merits of case. Claimant receives "notice of issue" when claim issued -


ticks box,


enters amount sought: damages/debt + interest + fixed costs
* request payment immediately or by instalments

Sign, date and Return to Court Non-money claims Default Judgment must be applied for Hearing before a Master, Default Judgment or other Judge Applying for Default Judgment All non-money claims and claims where:
* claim-form served out of Jurisdiction without permission
* Defendant is a child/protected party
# Claimant must apply for appointment of litigation friend before applying for Default Judgment
* Claim includes costs other than fixed costs
* Claim by one spouse against another in tort
* Claim seeks delivery and does not allow alternative of Defendant paying their

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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