Default Judgment
Obtaining a default judgment is a way to achieve a speedy judgment in a case, especially where D has
failed to engage in the litigation at all.
• Where D fails to respond where supposed to, C can seek judgment on its claim at that stage,
thereby minimizing costs and avoiding trial
• However, D may seek to set that judgment aside.
Background
• C has 4 months (just before midnight) to serve the claim form (CF) after it has been issued
• After the claim form has been served, C must serve the POC within 14 days of the deemed date
of service of CF
o The claim form is deemed to be served on the 2nd business day after completion of the
relevant step in CPR r7.4
o i.e.,
§ if the CF was posted on Friday, the deemed date of service is Tuesday as the 2nd
business day after posting first class
§ if CF served by personal service, the deemed date of service is that 2nd business
day after completing the relevant step aka leaving it with the person to be served
• If the POC is NOT contained in/served with CF, then C is required to serve it within 14 days after
the service of CF
o D is not obliged to respond to just the claim form
• D must respond to the POC within 14 days of the deemed date of service
o Where personal service used before 4:30pm, POC will be deemed to be served on the day
it was left with the relevant person
• D has 28 days from the deemed date of service of POC to file its defence IF it has filed an A/S
Claims in which default judgment may be obtained
Where a D
1. Has failed to file an A/S or
2. Has failed to file a defence
Default judgment may NOT be obtained in claims such as:
(a) On a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act
1974
(b) Pt 8 Claims – no dispute of fact
(c) Any other case where a PD provides as such
Conditions to be satisfied for default judgment
1. C may obtain judgment in default of an A/S only IF at the date on which judgment is entered
a. D has X filed an A/S or defence to the claim/part of claim
b. Relevant time for doing so has expired
2. Default judgment may be obtained only
a. Where an A/S has been filed but at the date on which judgment is entered, a defence has X
been filed
b. In a CC made under r20.4 (where the date on which judgment is entered a defence has X
been filed and in either case, the relevant time limit for doing so has expired.
What must C do?
• C must wait until the time in which D must respond has elapsed
o D must respond in some way within 14 days of the deemed date of service of POC
§ If D filed an A/S à gets additional 14 days (28 from deemed date)
, § If not à only 14 days
o If D files A/S in time but does not file defence in time à C can seek DF
Exceptions (where DF unavailable to C)
1) D has not applied to
a. Strike out C’s case under r3.4
b. Applied for summary judgment under Pt24
2) The application has NOT been disposed of because
a. D has paid the whole claim, satisfying the whole claim on which C is seeking judgment for
b. In a money claim, D has filed an admission w/ request for time to pay
c. Closed material case under Justice and Security Act 2013
Steps that D can take to prevent C obtaining DF
C will be prevented from obtaining DJ if
• D applies to strike out the claim or for summary judgment to be entered on the ground that the
claim has ‘no real prospect of succeeding on the claim’ – C will be prevented from obtaining DJ
until those applications are disposed of
• D pays the sum claimed/admit claim and seek time to pay
Nature of judgment obtained
There are 2 main categories of claims
1. Money claims
2. Equitable claims
Depending on what category a claim falls under, different procedures are to be followed
Money claims
Examples:
¨ A specified amount of money
¨ A claim for an unpaid notice for work done or the price of goods sold and delivered under a contract
¨ Claim for an amount of money tbd by the court
o Claim for damages for PSLA and special damages arising out of a road traffic accident
¨ Claim for the delivery of goods where D has been given the option of paying the value of the goods
instead
¨ Combination of these claims
Procedure
C may obtain a DJ by filing
1. a request in the relevant practice form at court
2. a Certificate of Service (C cannot obtain a DJ unless this has been done) unless the court
effected service
A member of the court considers it and then makes the order
o Entering DJ in a money claim = administrative act not requiring judicial input
Where the claim is for a specified amount of money, C may specify in a request
(a) The date by which the whole of the judgment is to be paid OR
(b) The times/rate @ which it is to be paid by instalments
Typically, judgment is for the whole sum + interest to date of judgment and costs
• Exceptions:
o the claim is for delivery of goods
o the CF gives D the alternative of paying their value
• if it falls within the exceptions, a DJ obtained on the filing of a request will be judgment requiring D to
, o deliver the goods/pay the value of the goods as decided by the court
o pay costs
NB: Interest to be calculated under either s35A Supreme Court Act/s69 County Court Act
• Rate to be no higher than rate payable on judgment debts @ date when CF was issued
• C’s request for judgment includes a calculation of the interest claimed for the period from the date up
to which interest claimed for the period
• Period = from the date up to which interest was stated to be calculated in the CF to the date of the
request for judgment
• Judgment can also be for an amount of interest tbd by the court
Where the claim is for an unspecified amount of money
• Amount of DJ to be decided by the court + costs
NB:
• Where C claims any other remedy in his claim form in addition to DJ but abandons the equitable relief
and simply requests default judgment on any money claim, he may still obtain DJ by filing a request
as set out above
o E.g., if D seeks a specified sum + injunction then subsequently abandons claim for injunction
• In civil proceedings against the Crown, a request for a default judgment must be considered by a
Master/district judge, who must in particular be satisfied that the CF and POC have been properly
served on the Crown
Exception:
C must make an application under Part 23, even if DJ for a money claim (filing request not enough):
1. in claims against children and protected persons
2. in tort claims by one spouse or civil partner against the other.
3. Where C wishes to obtain DJ where D has failed to file an A/S
4. Against a D who has been served w/ the claim out of the jurisdiction
5. Against a D domiciled in Scotland or N.Ireland or in any other Convention territory or MS
6. Against a state/against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of
the Diplomatic Privileges Act 1964 or
7. Against persons/organizations who enjoy immunity from civil jurisdiction pursuant to the provisions
of the International Organisations Act 1968 and 1981
PD12 para 23 also discuss other claims requiring an application to be made to the court for entry of DJ.
These include:
o claims for costs (other than fixed costs)
o claims for the delivery up of goods in those cases where D is not given the option of
paying the value of the goods
o e.g., if the return of, say, a unique painting was sought
NB:
On application against a child/protected party,
o litigation friend to act on behalf of child/PP must be appointed by court before judgement can
be obtained
o C must satisfy the court by evidence that he is entitled to the judgment claimed
Obtaining a default judgment is a way to achieve a speedy judgment in a case, especially where D has
failed to engage in the litigation at all.
• Where D fails to respond where supposed to, C can seek judgment on its claim at that stage,
thereby minimizing costs and avoiding trial
• However, D may seek to set that judgment aside.
Background
• C has 4 months (just before midnight) to serve the claim form (CF) after it has been issued
• After the claim form has been served, C must serve the POC within 14 days of the deemed date
of service of CF
o The claim form is deemed to be served on the 2nd business day after completion of the
relevant step in CPR r7.4
o i.e.,
§ if the CF was posted on Friday, the deemed date of service is Tuesday as the 2nd
business day after posting first class
§ if CF served by personal service, the deemed date of service is that 2nd business
day after completing the relevant step aka leaving it with the person to be served
• If the POC is NOT contained in/served with CF, then C is required to serve it within 14 days after
the service of CF
o D is not obliged to respond to just the claim form
• D must respond to the POC within 14 days of the deemed date of service
o Where personal service used before 4:30pm, POC will be deemed to be served on the day
it was left with the relevant person
• D has 28 days from the deemed date of service of POC to file its defence IF it has filed an A/S
Claims in which default judgment may be obtained
Where a D
1. Has failed to file an A/S or
2. Has failed to file a defence
Default judgment may NOT be obtained in claims such as:
(a) On a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act
1974
(b) Pt 8 Claims – no dispute of fact
(c) Any other case where a PD provides as such
Conditions to be satisfied for default judgment
1. C may obtain judgment in default of an A/S only IF at the date on which judgment is entered
a. D has X filed an A/S or defence to the claim/part of claim
b. Relevant time for doing so has expired
2. Default judgment may be obtained only
a. Where an A/S has been filed but at the date on which judgment is entered, a defence has X
been filed
b. In a CC made under r20.4 (where the date on which judgment is entered a defence has X
been filed and in either case, the relevant time limit for doing so has expired.
What must C do?
• C must wait until the time in which D must respond has elapsed
o D must respond in some way within 14 days of the deemed date of service of POC
§ If D filed an A/S à gets additional 14 days (28 from deemed date)
, § If not à only 14 days
o If D files A/S in time but does not file defence in time à C can seek DF
Exceptions (where DF unavailable to C)
1) D has not applied to
a. Strike out C’s case under r3.4
b. Applied for summary judgment under Pt24
2) The application has NOT been disposed of because
a. D has paid the whole claim, satisfying the whole claim on which C is seeking judgment for
b. In a money claim, D has filed an admission w/ request for time to pay
c. Closed material case under Justice and Security Act 2013
Steps that D can take to prevent C obtaining DF
C will be prevented from obtaining DJ if
• D applies to strike out the claim or for summary judgment to be entered on the ground that the
claim has ‘no real prospect of succeeding on the claim’ – C will be prevented from obtaining DJ
until those applications are disposed of
• D pays the sum claimed/admit claim and seek time to pay
Nature of judgment obtained
There are 2 main categories of claims
1. Money claims
2. Equitable claims
Depending on what category a claim falls under, different procedures are to be followed
Money claims
Examples:
¨ A specified amount of money
¨ A claim for an unpaid notice for work done or the price of goods sold and delivered under a contract
¨ Claim for an amount of money tbd by the court
o Claim for damages for PSLA and special damages arising out of a road traffic accident
¨ Claim for the delivery of goods where D has been given the option of paying the value of the goods
instead
¨ Combination of these claims
Procedure
C may obtain a DJ by filing
1. a request in the relevant practice form at court
2. a Certificate of Service (C cannot obtain a DJ unless this has been done) unless the court
effected service
A member of the court considers it and then makes the order
o Entering DJ in a money claim = administrative act not requiring judicial input
Where the claim is for a specified amount of money, C may specify in a request
(a) The date by which the whole of the judgment is to be paid OR
(b) The times/rate @ which it is to be paid by instalments
Typically, judgment is for the whole sum + interest to date of judgment and costs
• Exceptions:
o the claim is for delivery of goods
o the CF gives D the alternative of paying their value
• if it falls within the exceptions, a DJ obtained on the filing of a request will be judgment requiring D to
, o deliver the goods/pay the value of the goods as decided by the court
o pay costs
NB: Interest to be calculated under either s35A Supreme Court Act/s69 County Court Act
• Rate to be no higher than rate payable on judgment debts @ date when CF was issued
• C’s request for judgment includes a calculation of the interest claimed for the period from the date up
to which interest claimed for the period
• Period = from the date up to which interest was stated to be calculated in the CF to the date of the
request for judgment
• Judgment can also be for an amount of interest tbd by the court
Where the claim is for an unspecified amount of money
• Amount of DJ to be decided by the court + costs
NB:
• Where C claims any other remedy in his claim form in addition to DJ but abandons the equitable relief
and simply requests default judgment on any money claim, he may still obtain DJ by filing a request
as set out above
o E.g., if D seeks a specified sum + injunction then subsequently abandons claim for injunction
• In civil proceedings against the Crown, a request for a default judgment must be considered by a
Master/district judge, who must in particular be satisfied that the CF and POC have been properly
served on the Crown
Exception:
C must make an application under Part 23, even if DJ for a money claim (filing request not enough):
1. in claims against children and protected persons
2. in tort claims by one spouse or civil partner against the other.
3. Where C wishes to obtain DJ where D has failed to file an A/S
4. Against a D who has been served w/ the claim out of the jurisdiction
5. Against a D domiciled in Scotland or N.Ireland or in any other Convention territory or MS
6. Against a state/against a diplomatic agent who enjoys immunity from civil jurisdiction by virtue of
the Diplomatic Privileges Act 1964 or
7. Against persons/organizations who enjoy immunity from civil jurisdiction pursuant to the provisions
of the International Organisations Act 1968 and 1981
PD12 para 23 also discuss other claims requiring an application to be made to the court for entry of DJ.
These include:
o claims for costs (other than fixed costs)
o claims for the delivery up of goods in those cases where D is not given the option of
paying the value of the goods
o e.g., if the return of, say, a unique painting was sought
NB:
On application against a child/protected party,
o litigation friend to act on behalf of child/PP must be appointed by court before judgement can
be obtained
o C must satisfy the court by evidence that he is entitled to the judgment claimed
