Q&As

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?

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Published on LexisPSL on 06/08/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?
  • Setting aside default judgment
  • Determining loss/damage following a default judgment
  • Procedure for deciding an amount or value
  • Allocation to the fast track

Where a claimant has obtained default judgment pursuant to CPR 12.4(1) will the court order a disposal hearing or allocate the case to a track and give standard fast track directions?

Setting aside default judgment

Where a claimant has obtained default judgment, a defendant may still wish to defend the claim. To do so, the default judgment will have to be set aside. For further information, see Practice Note: Default judgment—general principles for setting aside and Commentary: Setting aside judgment: Butterworths Personal Injury Litigation Service [65].

Determining loss/damage following a default judgment

Default judgment is defined in CPR 12.1 as a judgment without a trial where a defendant has failed to file an acknowledgment of service or has failed to file a defence. Notably, a default judgment is conclusive to the extent that there is some liability on the defendant’s part. However, the claimant must still prove the loss/damage alleged and so, where a default judgment is granted, the court will give case management directions for the assessment of damages.

A default judgment does not preclude a defendant from taking issue on matters of causation at a subsequent hearing to assess damages.

For information generally on obtaining default judgment, see Practice Note: Obtaining default judgment—general principles and Commentary: Default judgment: Butterworths Personal Injury Litigation Service [64].

Procedure for deciding an amount or value

Where the claimant obtains a default judgment on the

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