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Default Judgment Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Default Judgment document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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DEFAULT JUDGMENT
Procedure for Obtaining Default Judgment
(1) The claimant may obtain judgment in default of an acknowledgment of service only if -
(a) the 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.
CPR 12.3
(2) Judgment in default of defence may be obtained only -
(a) where an acknowledgement of service has been filed but a defence has not been filed;
(b) in a counterclaim made under rule 20.4, where a defence has not been filed,
and, in either case, the relevant time limit for doing so has expired.
A default judgment may be sought by by filing a request, or
If the claim is for a specific amount of money or for delivery up where the defendant is given the alternative of paying a specific
CPR 12.4(1)&(3) Form N225 amount.
Form N227 If the claim is for a sum of money to be determined by the court.
By an application to the Court
CPR 12.4(2)
Notice of application must be given to the defendant as soon as practicable after it is filed or at least three clear days before the
Form N224 hearing, unless the defendant has failed to lodge an acknowledgement of service.
Setting Aside Default Judgment
CPR 13.2
If a judgment in default has been "wrongly entered" the court must set it aside.
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if -
(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 -
CPR 13.3
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(1) Where -
(a) the claim is for a specified amount of money;
(b) the judgment was obtained in a court which is not the defendant's home court;
(c) the claim has not been transferred or, in the County Court, sent to another defendant's home court; and
CPR 13.4
(d) the defendant is an individual; and in the High Court the court will transfer, or, in the County Court, the court officer will send, an application by a defendant under this Part to set aside or vary judgment to the defendant's home court.
To set aside a default judgment, the claimant must make an application to court. The application notice should state the grounds for applying to
CPR 23.6 & 23.7 set aside and whether the application is made under CPR 13.2 or CPR 13.3, or both. A draft of the order requested should be attached to the application form. If the application is under CPR 13.3, it must be supported by evidence establishing the factual basis for the application.
The application notice, draft order, and evidence in support must be served on the claimant at least three clear days before the court is to deal
CPR 23.7(1)
with the application.

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