Default Judgment Flashcards
What is default judgment
Application by claimant for judgment to be granted in their favour without trial as defendant has not responded within prescribed time limit
What must claimant show for default judgment
Time has expired for filing acknowledgement/defence
Claim has not been admitted or satisfied by defendant
Defendant has not applied for summary judgment or strike out
will court consider merits of case in application for default judgment
No - purely procedural
Procedure for default judgment
Specified sum - dealt with onvpaper
- court will make judgment for amount, costs and interest
Unspecified sum- dealt with on paper
- court will set timetable for hearing to decide amount
Non-money claims - cannot be decided on paper
- court will arrange hearing to hear from C as to why default judgment should be decided and then decide on amount
Who can apply to set aside default judgment
Defendant or the court
When MUST court set aside default iudgment
Time limit hadnt expired
Acknowledgement/defence had been filed
D satisfied claim already
Summary judgment/strike out applied for before
When MAY court set aside default judgment
D has real prospect of defending case successfully
Some other good reason
Overriding objective
