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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For guidance, see: Cross border considerations—checklist—Brexit—impact on CPR and Cross border considerations—checklist—Service—Brexit specific

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 23 application are triggered not by reference to anything connected with the legal foundation for the cause of action, but rather by aspects either of the relief sought (such as an injunction) or aspects of the manner in which the defendants have been served out of the jurisdiction. It must be supposed that those aspects of the relief sought, or the circumstances of service, call for some supervision by a judge of the process for obtaining default judgment […] the