Early disposal Flashcards
(30 cards)
What does ‘default judgment’ mean (CPR 12.1)?
Judgment granted in the claimant’s favour without a trial because the defendant failed to acknowledge service or file a defence on time.
What is another term for default judgment?
Judgment in default.
What is the consequence if a claimant is successful in a default judgment application?
The claimant has won the case.
Are there any types of claims where default judgment cannot be obtained (CPR 12.2)?
Yes
What are the conditions a claimant must satisfy to obtain default judgment (CPR 12.3)?
Time for acknowledgment/defence expired and not filed
What is the key difference between default judgment and strike out?
Strike out focuses on a defective statement of case
What is the key difference between default judgment and summary judgment?
Default judgment is due to the defendant’s non-response (procedural)
What is the procedure for obtaining default judgment in specified money claims?
File a REQUEST on the specified form; dealt with on paper; judgment for amount sought
What is the procedure for obtaining default judgment in unspecified money claims?
File a REQUEST; dealt with on paper; judgment for a sum decided by the court after a hearing is scheduled.
What is the procedure for obtaining default judgment in non-money claims?
Claimant must APPLY for a default judgment hearing where the court decides whether to grant judgment and what form it should take.
When may a default judgment for a specified sum include claimed interest (CPR 12.7)?
If particulars of claim detail interest (CPR 16.4)
What happens if a claim is against more than one defendant (CPR 12.9)?
Default judgment may be obtained against one if the claim is separable; otherwise
How can a default judgment be set aside (CPR 13.2 or 13.3)?
On an application by the defendant or by the court’s own motion.
What is the primary purpose of the provision to set aside default judgment?
To avoid injustice.
How is an application to set aside a judgment usually determined?
At a hearing
In what circumstances MUST the court set aside a default judgment (CPR 13.2)?
If judgment was wrongly entered (e.g.
In what circumstances MAY the court set aside a default judgment (CPR 13.3)?
If judgment was correctly entered but the defendant has a real prospect of success or there is other good reason.
What must support an application to set aside a judgment where the court ‘may’ do so?
Evidence.
What level of defence prospect must a defendant show to set aside under ‘real prospect of success’?
A ‘real prospect of successfully defending the claim’
Give examples of ‘some other good reason’ to set aside a judgment.
Claimant lulled defendant
What principle guides the court’s discretion when considering setting aside a judgment under the ‘may’ category?
The overriding objective.
What must the court also consider regarding the defendant’s application to set aside (CPR 13.3(2))?
How promptly the defendant made the application.
How is an application to set aside a default judgment (where the court has discretion) treated under CPR 3.9?
As an application for relief from any sanction.
What relevant case law applies to applications for relief from sanctions
including setting aside default judgment?
