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Default judgment

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Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

The following Commercial news provides comprehensive and up to date legal information on Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

UK accession to Lugano Convention—is the door now closed?

UK accession to Lugano Convention—is the door now closed?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—is the door now closed?

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

The following Dispute Resolution news provides comprehensive and up to date legal information on John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

Queen’s Bench General, Media and Communications Information for court users

Queen’s Bench General, Media and Communications Information for court users

The following Dispute Resolution news provides comprehensive and up to date legal information on Queen’s Bench General, Media and Communications Information for court users

Featured PI & Clinical Negligence content

Past loss of earnings

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)

EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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19th May
Q&As

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 19th May
Practice notes

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes

What is fundamental dishonesty?

What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017

Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes

Fee remissions

Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes

Liability under the Animals Act 1971—all other animals

Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Practice notes

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015

Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes

Damages in clinical negligence claims

Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Q&As

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal the claim was valued at over £1,000.

What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes

Applying for an interim payment order in personal injury claims

Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Low Velocity Impact RTAs—in detail

Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May

Most recent Default judgment content

Q&As

If you wish to set aside a default judgment on the basis that the claim was brought against the wrong party (party A), does it matter that the ‘wrongly named’ defendant (party A) acknowledged service, albeit in so doing it identified the correct defendant identity (party B)?

If you wish to set aside a default judgment on the basis that the claim was brought against the wrong party (party A), does it matter that the...
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22nd Jul
Practice notes

Default judgment—application or request

Default judgment—application or requestCoronavirus (COVID-19): If making an application, this can be dealt with without notice and on the papers, see:...
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22nd Jul
Practice notes

Default judgment—relief from sanctions when setting aside under CPR 13.3

Default judgment—relief from sanctions when setting aside under CPR 13.3This Practice Note confirms that the relief from sanctions test set out in...
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16th Jul
Practice notes

Default judgment—general principles for setting aside

Default judgment—general principles for setting asideWhere the claimant has already obtained a default judgment, the defendant may still wish to...
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16th Jul
Practice notes

Default judgment—setting aside under CPR 13.3

Default judgment—setting aside under CPR 13.3This Practice Note considers the provisions in CPR 3.13, which is a self-contained regime for the...
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16th Jul
Practice notes

Default judgment—video hearings pilot scheme 2020 (CPR PD 51V) [Archived]

Default judgment—video hearings pilot scheme 2020 (CPR PD 51V) [Archived]ARCHIVED: The pilot scheme is set out in Practice Direction 51V (CPR PD 51V)...
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16th Jul
tag iconCOVID-19
Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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15th Jul
Practice notes

Cross border enforcement of default judgments

Cross border enforcement of default judgmentsThis Practice Note sets out the considerations when determining the ability and potential difficulties in...
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5th Jul
Practice notes

Default judgment—general principles

Default judgment—general principlesA default judgment is also referred to as a judgment in default, judgment in default of acknowledgment of service...
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11th Jun
Q&As

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?The general...
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7th Jun
Q&As

When dealing with judgment in default on a counterclaim, can the request (specified amount) be made on Form N225 or is an application notice required?

When dealing with judgment in default on a counterclaim, can the request (specified amount) be made on Form N225 or is an application notice...
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6th Jun
Q&As

Where a County Court case is transferred to the High Court for enforcement of a default judgment, should an application to set aside the default judgment be brought in the County Court where the judgment was made or the High Court where enforcement proceedings are pending?

Where a County Court case is transferred to the High Court for enforcement of a default judgment, should an application to set aside the default...
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6th Jun
Q&As

Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the defendant has applied for default judgment?

Does a claimant’s claim continue, where the defendant has a counterclaim, the claimant has failed to file a defence to the counterclaim, or the...
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Produced in partnership with David Willink of Lamb Chambers 6th Jun
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?

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...
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Produced in partnership with David Willink of Lamb Chambers 5th Jun
Q&As

For a judgment in default of an acknowledgment of service form, can the costs incurred to date of judgment be recovered, ie the issue fee, interest from date of issue, any fixed costs as well as any other costs (including pre-action costs) to be subject to assessment if not agreed? Could a request be used or would an application be required? The claim is over £30,000.

For a judgment in default of an acknowledgment of service form, can the costs incurred to date of judgment be recovered, ie the issue fee, interest...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

What is the procedure (including forms and time limits) for applying to get a judgment set aside in the County Court?

What is the procedure (including forms and time limits) for applying to get a judgment set aside in the County Court? The general position on...
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5th Jun
Q&As

Is there is any deadline within which the claimant has to make an application for judgment in default?

Is there is any deadline within which the claimant has to make an application for judgment in default?The timing for making a request or application...
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5th Jun
Q&As

Where a defendant has failed to respond to a claim for a specified sum of just under £12,000, what is the procedure for requesting a default judgement with an order for costs? Or can only fixed costs be recovered when requesting judgement in default for a specified sum, regardless of value?

Where a defendant has failed to respond to a claim for a specified sum of just under £12,000, what is the procedure for requesting a default judgement...
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5th Jun
Q&As

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting...
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Produced in partnership with David Peachey 5th Jun
tag iconCOVID-19
Q&As

What is the time limit for a claimant to respond to a defendant’s application to set aside a default judgment?

What is the time limit for a claimant to respond to a defendant’s application to set aside a default judgment?If a default judgment has already been...
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5th Jun

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