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
  • Effect of late filing of the acknowledgment of service or the defence
  • 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
  • more

Coronavirus (Covid-19): If making an application, this can be dealt with without notice and on the papers, see: Application without notice and Application without a hearing below. For news and other resources to assist general dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the civil courts’ processes and procedures necessitated by the Coronavirus pandemic, see: Coronavirus (COVID-19) implications for dispute resolution—overview.

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

Effect of late filing of the acknowledgment of service or the defence

A question that has caused difficulties for practitioners and the judiciary is whether or not a default judgment can be entered in circumstances in which although the acknowledgment of service or the defence has been filed late, it has been filed prior to the court determining the request/application for default judgment.

CPR 12.3 provides that where either document is filed before a judgment in default is entered the claimant cannot obtain a default judgment. This was not the case prior to prior to 6 April 2020 when the rule was changed and so reliance should not be placed on authorities prior to that date.