Q&As

Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it unless the defendant defaults, can the claimant apply for default judgment following failure by the defendant to file acknowledgement of service/defence?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 27/02/2018

The following Dispute Resolution Q&A produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it unless the defendant defaults, can the claimant apply for default judgment following failure by the defendant to file acknowledgement of service/defence?

This Q&A assumes that proceedings have been started but that the parties have agreed:

  1. a schedule or other mechanism by which the agreed sums are to be paid (or alternative terms are to be complied with)

  2. agreed that there should be judgment in the proceedings brought to dispose of the dispute, and

  3. agreed that the judgment should not be enforced if the schedule of terms or other mechanism for payment is maintained

It is also assumed that the settlement arrived at has contractual force.

For detailed guidance on confining settlement agreements to writing, see Precedents:

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