This website uses cookies to ensure you get the best experience on our website. Learn more

BPTC Law Notes BPTC Civil Ligitation Notes

Responding To A Claim Default Judgment Notes

Updated Responding To A Claim Default Judgment Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

Approximately 1172 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...

Available here

The following is a more accessible 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:

  1. D fails to file AoS OR defence within 14 days of deemed service of PoC; OR

  2. if D files AoS - D fails to file defence within 28 days after deemed service of PoC

  3. if extended by agreement / court order - D fails to file defence within extended time

  • CANNOT if:

  1. part 8 claim

  2. claim for delivery of goods subject to Consumer Credit Act

  3. claim for provisional damages

  4. specialist proceedings:

    1. admiralty proceedings

    2. arbitration proceedings

    3. possession claims

    4. contentious probate proceedings

  5. D has applied for SJ OR strike out

  6. D has paid claim (including costs)

  7. 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 / defence

  • 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:

  1. ticks box on form saying D has failed to respond

  2. enters amount sought: damages / debt + interest + fixed costs

  3. signs and dates

  4. returns form to court

  1. court enters default judgment without consideration of merit (no hearing)

The 2 available types of default judgment in money claims

  1. final judgment - D must pay set amount within 14 days

  2. interlocutory judgment - damages to be decided by court

    1. effect: liability established, quantum to be determined

    2. claims for unspecified amount

    3. deciding damages

    • court gives directions after judgment

    • may:

      1. allocate claim to a track (only multi if genuine, substantial dispute)

      2. stay for ADR

      3. list matter for a disposal hearing

      • if claim <10k allocate to small claims track and decide amount immediately

      • if claim >10k

        • normal costs rules apply

        • evidence may be adduced - must serve at least 3 clear days before hearing

        1. list matter for hearing to assess damages

      • = a trial - trial bundles and formal evidence required

      • generally heard by master OR DJ (court may specify otherwise)

APPLYING FOR DEFAULT JUDGMENT - non-money claims

  • must apply if:

  1. claim form served out of jurisdiction without permission

  2. D is child or PP (D must apply for litigation friend first)

  3. claim includes costs other than fixed costs

  4. tort claim by one spouse against...

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

More BPTC Civil Ligitation Samples