DR Default Judgment

Question 1

When can default judgment be applied for?

Answer 1

1. Time has expired for acknowledging service or filing a defence (nothing after 14 days OR no defence after 28 day extension)
2. The claim has not been admitted or satisfied by the defendant
3. No application for summary judgment or strike out has been made by the Defendant

Question 2

Structure for Default Judgment

Answer 2

Setting aside: court’s discretion

1. The court may set aside if the defendant has
   a) reasonable prospect or successfully defending the claim (‘more than arguable defence, which s supported by evidence’);

OR

b) It appears to the court that there is some other good reason why judgment should be set aside or varied, or the defendant should be allowed to defend claim…

AND

c) the application is made promptly

2. Denton Test

Question 3

Apply Denton test (relief from sanctions)

Answer 3

Denton:
a) was the breach serious or significant?
b) was there a reason for the breach?
c) consider all circumstances of the case - must be dealt with justly / compliance / proportionality