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(DEFAULT JUDGEMENT
12.1 - Judgement without trial where D has failed to…
DEFAULT JUDGEMENT
12.1 - Judgement without trial where D has failed to file an acknowledgement of service OR has failed to file a defence
12.2 - Exceptions where default judgement cannot be obtained.
1) Claim for delivery of goods subject to an agreement by Consumer Credit Act 1974
2) Part 8 procedure used
3) in any other case where a PD provides that the C may not obtain default judgement eg possession claims.
12.3 - Conditions to be satisfied
1) D has failed to file acknowledgement of service or a defence OR
2) C has failed to file a defence to the counterclaim
- relevant time limit must have expired
C may not obtain default judgement if:
1) D applied
a) to have C's statement of case struck out (CPR3.4) OR
b) to have summary judgement (CPR 24)
AND either case, the application has not been disposed of
2) D has satisfied the whole claim (including claims for costs) on which C is seeking judgement
3) C is seeking judgement for money AND D has filed/ served on C an admission together with a request for time to pay
4) Notice has been given of a person's intention to make an application for declaration under the Justice and Security Act 2013 and that application has not been disposed of.
- If claim form is served by C, default judgement cannot be obtained unless a certificate of service has been filed.
12.8 - Claim against more than one D
- C may make default judgement against one of two or more Ds and proceed his claim against the other Ds.
- If claim can be dealt separately, the court may enter a default judgement against that D and the C may continue proceedings against the other Ds.
- If claim cannot be dealt separately, court will not enter default judgement against that D and the court must deal with the application at the same time as it disposes of the claim against the other Ds.
- For possession of land or for delivery of goods, the C must have judgement against both before proceeding unless court gives permission
-
EVIDENCE
Court must be satisfied that
- POC has been served
- No acknowledgement of service or Defence and time for filing has expired
- D has not satisfied the claim
- D has not filed admission of claim
-