Default judgment

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Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Default judgment content

Practice notes
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...
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4th Mar
Practice notes
Coronavirus (COVID-19): If making an application, this can be dealt with without notice and on the papers, see: Application without notice and...
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4th Mar
Q&As
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...
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18th Feb
Practice notes
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...
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13th Feb
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...
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13th Feb
Q&As
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...
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Produced in partnership with David Willink of Lamb Chambers 11th Feb
Precedents
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...
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11th Feb
Q&As
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...
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11th Feb
Q&As
In circumstances when an application to set aside judgment in default has been dismissed, it is unlikely that the court will allow a second...
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11th Feb
Q&As
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...
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11th Feb
Q&As
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...
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11th Feb
Q&As
The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction...
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11th Feb
Q&As
See: Certificate of service: general form: Atkin's Court Forms [251] which contain a range of Precedents (navigable via the table of contents).In...
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10th Feb
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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29th Jan
Practice notes
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...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. For the current position, see Practice Note: Default judgment—application or...
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18th Jan

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