Default Judgment Flashcards
(19 cards)
What is it?
judgment without trial
Test?
Failed to file AOS; or
Failed to file defence
Who can request DJ?
Only C can request DJ
Outcome of DJ?
C can take enforcement action to recover the judgment sum e.g. bailiffs, applying for an attachment of earnings order or charging order over D’s home
How long to serve claim form on D?
Claim form - stamped - 4 months to serve (aka send) to D
What happens if you don’t request DJ?
Things proceed as normal
What should you do if D says they’ll reply late to CF?
You should NOT request DJ as D will appeal for good reason and trial will continue
Timings and procedure for filing AOS?
Response pack - form N9
File AOS within 14 days from service of CF, which will give D 14 more days (28 total) to file defence
What happens if there’s no AOS filed?
Only have 14 days to reply with defence
What happens if there’s no Defence filed?
Default Judgment
Difference between SJ and DJ?
Default judgment does not call for any assessment of the merits of the case.
Summary judgment requires an assessment of a case on the merits: whether the case is bound to fail - or in other words - cannot succeed.
Difference between request and apply?
Request – when you’re entitled to request part 12 – it’s automatic
When you can’t request it, you have to APPLY for part 12 instead
DJ against protected party / looking for specific performance - Apply or Request?
APPLY not request, done under part 23 procedure like all applications.
Do you request or apply when you want remedy that isn’t special damages?
Apply. Cannot request DJ when you want a remedy that isn’t damages e.g. SP
Do you request or apply when claiming against a child?
Claiming against child – need to apply as asking for a unique outcome
When can you not apply for DJ?
If D has applied for strike out, or says they’ll pay but need time, then no need for DJ. Overall, cannot apply for DJ if D is actively doing something with the case.
Should you apply for DJ even if you haven’t sent response pack?
Even if you haven’t sent your response pack, should still apply for DJ.
Have they filed AS?
Have they filed a defence?
If haven’t done both or one or the other, then request DJ even if you haven’t filed ur response pack.
AOS OR D not done – auto DJ
Forgotten to do something/applies for relief to set aside DJ - RPOS – set aside
