A more recent version of these Responding To A Claim 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:
RESPONDING TO A CLAIM - DEFAULT JUDGMENT WHEN CAN C ENTER DEFAULT JUDGMENT?
? can if: (a) D fails to file AoS OR defence within 14 days of deemed service of PoC; OR (b) if D files AoS - D fails to file defence within 28 days after deemed service of PoC (c) if extended by agreement / court order - D fails to file defence within extended time
? CANNOT if: (a) (b) (c) (d)
part 8 claim claim for delivery of goods subject to Consumer Credit Act claim for provisional damages specialist proceedings:
i. ii. iii. iv.
admiralty proceedings arbitration proceedings possession claims contentious probate proceedings
(e) D has applied for SJ OR strike out (f) D has paid claim (including costs) (g) money claim: D has fully admitted liability AND requested time to pay Stay of undefended claims
? if C does NOT seek default judgment - claim stayed 6 months after date for filing AoS /
? any party may apply to lift (relief from sanction)
REQUESTING DEFAULT JUDGMENT - money claims and delivery up of goods
(1) C receives notice of issue form from court when claim issued: (a) ticks box on form saying D has failed to respond (b) enters amount sought: damages / debt + interest + fixed costs (c) signs and dates (d) returns form to court (2) court enters default judgment without consideration of merit (no hearing) The 2 available types of default judgment in money claims
(a) final judgment - D must pay set amount within 14 days (b) interlocutory judgment - damages to be decided by court a. effect: liability established, quantum to be determined b. claims for unspecified amount c. deciding damages
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.