Default judgment—application or request
Default judgment—application or request

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Default judgment—application or request
  • Application or request
  • Request for default judgment—what is it and when can it be used?
  • Request for default judgment—procedure
  • Application for default judgment—when is it required?
  • Application for default judgment—procedure
  • Application without notice
  • Application without a hearing
  • Application—defendant fails to attend the hearing
  • Evidence—for a request or application
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when considering the use of default judgments and service:

  1. changes to CPR 12 and CPR 13, dealing with default judgments have been set out in the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, and will come into force on exit day. For information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes

  2. impact of Brexit on service, see Practice Notes: Brexit—service of documents and No deal Brexit—service of documents

Application or request

A default judgment may be obtained either by an application to the court to obtain the court’s permission or by a simple request. The issue for practitioners is why there is a difference and which one is applicable in their case.

An application is required either in cases in which the court will need to tailor the relief sought so that it is appropriate given the cause of action or to enable the court to scrutinise the application. This can be seen in Football Dataco v Smoot (2011) where Briggs J said:

‘The provisions in rule 12.4(2) and 12.10(b)(i) which require a Part