What is a Default Judgment?
This is a judgment made in the claimant’s favour, without trial, when the defendant fails to respond to the proceedings within the relevant time. This means judgment is entered without consideration of the merits of the claim. In accordance with the Civil Procedure Rules (CPR) 12(3), a default judgment will only be entered by the court if certain conditions are met. This includes the defendant’s failure to file an acknowledgement of service or a defence to the claim (or any part of it). The defendant generally has 14 days to submit a defence or 28 days if an acknowledgement of service was filed.
However, the availability of default judgment is not universal, even when the previously stated conditions are fulfilled. For instance, this would be inapplicable if the defendant has undertaken specific procedural actions beyond submitting a defence or acknowledging service, such as making an application to strike out the claim.
How to apply for default judgment
A default judgment can be obtained by making an application to the court or by a straightforward request. This request for a ruling is made in accordance with CPR 12.4 and is often applied in less complex cases such as claims involving a predetermined sum of money (debt – Form N205A or N225) or an unquantified amount of money (damages to be assessed by the court – Form N205B or N227).
Conversely, if the claim encompasses remedies beyond those specified above concerning an injunction, specific performance, or a declaration, an application in Form N244 is required under CPR 23. In instances where the claimant’s sought remedies include elements subject to CPR 12.4(1) alongside those that are not, an application for default judgment is typically necessary rather than a request.
Setting Aside Default Judgment
A judgment can be challenged by a defendant via an application to have a default judgment set aside. CPR 13 outlines the conditions under which a default judgment is required to be set aside, which are categorised as either mandatory or discretionary.
The court must set aside a default judgment if it was wrongly entered. This includes, but is not limited to the following situations:
- Where the deadlines have not passed
- The defendant never received the claim form/particulars of claim
- The defendant received the claim form/particulars of claim, but they were not validly served
- The defendant claims to have filed a defence/acknowledgement of service even though the court has no record of this
Alternatively, the court may set aside a default judgment if the defendant can demonstrate a genuine prospect of successfully defending the claim and provide a compelling reason why the judgment should be set aside. However, an application under this ground must be submitted without delay.
Contact Us
Contact our highly experienced team at Nath Solicitors today to discuss your case and explore your options. Call us on 020 3983 8278 or reach out to us online.