Entering a default judgment

Question 1

what is a default judgment?

Answer 1

judgment entered without a hearing where D has failed to respond to claim

Question 2

what are the conditions for entering a default judgment?

Answer 2

• D was properly served with the claim
• D has not responded to the claim (i.e. AOS or defence)
• Relevant time period for responding has expired (i.e. no response within 14 days or no defence within 28 days if AOS was filed)

Question 3

when can C request default judgment?

Answer 3

C can make the application 1st day after expiry of relevant time (unless CPR 12.3(3) applies)

i.e. the day after 14 days if there was no response or 28 days if an AOS was filed but a defence wasn’t

Question 4

when is C restricted from requesting a default judgment?

Answer 4

C may not obtain a DJ if (12.3(3)):
o D has made an application for SJ or C’s case to be struck out and the application hasn’t been heard yet
o D has satisfied the whole claim
o D has admitted liability for money claim + requested time to pay

Question 5

how does C make a request for default judgment? How is the request different depending on the nature of the claim?

Answer 5

if it is a money claim, C files the relevant form + evidence the conditions have been met
* Spec. claim = judgment for claim + costs. Payable within 14 days (unless C specified otherwise was acceptable on the form)
* Unspec. claim = request is for an amount to be decided by the court at a disposal hearing

if another remedy is sought, D must file an application