This is an extract of our Judgment In Default document, which we sell as part of our Civil Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Judgment in default
Applying for judgment in default
- Civil procedure rules (CPR) 12
What the claimant has to show (grounds)
1) The particulars of claim has been served
2) Time has expired for filing a defence or an acknowledgement of service (taking into account of any extensions granted)
3) The claim has not been admitted or satisfied
4) No application for summary judgment or strike out has been satisfied
Applying to get a judgment in default set aside - CPR 13
If successful, the claimant has won the case without going to trial.
What the applicant has to show (grounds)
Judgment was wrongly entered into - CPR 13(2)
Grounds upon which the court must set aside the judgment
1) The time limit for acknowledging service or serving a defence had not expired when judgment was entered
2) An acknowledgment of service or defence had been filed on time
3) Summary judgment or strike out had been applied for when judgment was entered
4) The defendant had satisfied the claim or admitted the claim or required time to pay
If judgment was correctly entered into - CPR 13(3)
Grounds upon which the court will at its discretion set aside or vary the judgment
1) At the discretion of the court if the defendant has a real prospect of successfully defending the claim
2) At the discretion of the court if it appears to the court that there is some other good reason why judgment should be set aside or varied.
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