Default judgment

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

This Practice Note considers the requirement under CPR 13.3(2) for the defendant to make a prompt application to set aside a default judgment. The...

4th Mar

Practice notes

Default judgment—application or request

Coronavirus (COVID-19): If making an application, this can be dealt with without notice and on the papers, see: Application without notice and...

4th Mar

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 can a party obtain judgment in default on a counterclaim?Under CPR 12.3 (which applies to counterclaims (CPR 20.3(3)), a party may obtain...

18th Feb

Practice notes

Default judgment—general principles for setting aside

Where the claimant has already obtained a default judgment, the defendant may still wish to defend the claim. To do so, the default judgment will have...

13th Feb

Practice notes

Cross border enforcement of default judgments

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...

13th Feb

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?

This Q&A considers the effect on a claim of default judgment on a counterclaim. This is not a question of procedure as such; it is a matter of res...

Produced in partnership with David Willink of Lamb Chambers 11th Feb

Precedents

Order that default judgment be set aside

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

11th Feb

Q&As

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 judgmentsSubject to appeal and to being amended or set aside, a judgment is conclusive as between the parties.It is a...

11th Feb

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)?

Default judgmentCPR 12.1 defines default judgments as judgment without trial where a defendant:•has failed to file an acknowledgment of service,...

11th Feb

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.

CPR 12 allows for a claimant administratively to obtain judgment against a defendant who has been served with a claim form, but who does not file an...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb

Q&As

Where an application to set aside judgment in default has been dismissed, can a second application be brought (a) if there are new facts that were not previously stated before the court and (b) if there are no new facts?

In circumstances when an application to set aside judgment in default has been dismissed, it is unlikely that the court will allow a second...

11th Feb

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?

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances...

Produced in partnership with David Peachey 11th Feb

COVID-19

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?

This Q&A assumes that proceedings have been started but that the parties have agreed:•a schedule or other mechanism by which the agreed sums are to be...

Produced in partnership with David Willink of Lamb Chambers 11th Feb

Q&As

When submitting an N244 to set the judgment aside default judgment with three respondents to the claim, does an application form need to be prepared for each respondent or can the three respondents be included on one application form?

Where default judgment has been obtained, an application must be made to set it aside. To do this, you must file and serve:•Form N244 (or Form N244CC...

11th Feb

Q&As

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 entered and the defendant wishes to defend the claim, an application should be made to set it aside. Under CPR...

11th Feb

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?

The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction...

11th Feb

Q&As

Do you have a Precedent in support of an application for judgment in default for failure to file defence?

See: Certificate of service: general form: Atkin's Court Forms [251] which contain a range of Precedents (navigable via the table of contents).In...

10th Feb

Precedents

Witness statement in support of application to set aside default judgment

Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

29th Jan

Practice notes

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

This Practice Note confirms that the relief from sanctions test set out in Denton v White applies when making an application to set aside a default...

18th Jan

Practice notes

Default judgment—late filing of the acknowledgment of service or the defence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. For the current position, see Practice Note: Default judgment—application or...

18th Jan

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