Default Judgment in UK Law
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Evans v Bartlam
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One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.
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Godwin v Swindon Borough Council
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In any other case, the court has a discretion under rule 13.3(1) to set the judgment aside or vary it. That is the obverse of the relevant part of rule 24.2 and may apply whenever the defendant received the claim form and particulars of claim.
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International Finance Corporation v Utexafrica Sprl [QBD (Comm)]
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A person who holds a regular judgment, even a default judgment, has something of value and in order to avoid injustice he should not be deprived of it without good reason. Something more than a merely arguable case is needed to tip the balance of justice in favour of setting the judgment aside. In my view, therefore, Mr. Howe was right in saying that the expression "realistic prospect of success" in this context means a case which carries a degree of conviction.
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Vladimir Sloutsker v Olga Romanova
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There is no need to adduce evidence or for findings of fact to be made in cases where the defendant has not disputed the claimant's allegations. That in my judgment will normally be the right approach for the court to take. It also runs the risk of needlessly complicating matters if an application is later made to set aside the default judgment: see QRS v Beach [2014] EWHC 4189 (QB), [2015] 1 WLR 2701 esp at [53]-[56].
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Alpine Bulk Transport Company Inc. v Saudi Eagle Shipping Company Ltd
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In our opinion, therefore, to arrive at a reasoned assessment of the justice of the case the court must form a provisional view of the probable outcome if the judgment were to be set aside and the defence developed. The "arguable" defence must carry some degree of conviction.
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Stuart John Gentry (Claimant/Appellant) v Lee Miller (1st Defendant) Uk Insurance Ltd (2nd Defendant/Respondent)
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The first questions that arise, however, in dealing with an application to set aside a judgment under CPR Part 13.3 are the express requirements of that rule, namely whether the defendant has a real prospect of successfully defending the claim or whether there is some other reason why the judgment should be set aside, taking into account whether the person seeking to set aside the judgment made an application to do so promptly.
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Attorney General of Trinidad and Tobago v Matthews
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There is no rule which states that, if the defendant fails to file a defence within the period specified by the CPR, no defence may be filed unless the court permits. At most, it can be said that, if the defendant fails to file a defence within the prescribed period and does not apply for an extension of time, he is at risk of a request by the claimant that judgment in default should be entered in his favour.
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The Civil Procedure (Amendment) Rules 2013
... ... (i) the defence is filed; or ... (ii) enforcement of a default judgment other than by a warrant of execution is requested, ... ...
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Civil Procedure Rules 1998
... ... ” is to be interpreted in accordance with rule 16.3;“summary judgment” is to be interpreted in accordance with Part 24 ... (2) A reference ... , practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction ... (2) Where the ... ...
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Common Law Procedure Act 1852
... ... to his obtaining Judgment ... As to Actions against Foreigners residing out of theJurisdiction of ... Appearance of the Defendant, and Proceedings of the Plaintiff in default of Appearance, be it enacted as follows: S-XXVI ... Appearance according ... ...
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Common Law Procedure Act 1854
... ... the Opinion of the Court, and when an Action is referred, Judgment, if so ordered, may be entered ... according to the Opinion of the Court ... Writ and Copy thereof there shall be endorsed a Notice that in default of Appearance the Plaintiff may, besides proceeding to Judgment and ... ...
- Responding to the Claim (Including Obtaining Judgment in Default or on an Admission)
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Fixed Costs on Entry of Judgment (CPR 45.4)
... ... The sum in brackets applies if the judgment is for a sum in excess of £5,000 ... Judgment in default of acknowledgment of service £22 (£30) ... Judgment in default of defence £25 (£35) ... Judgment on admission for whole or part and the parties ... ...
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The Price of Contempt
As financial crime continues unabated as a growth industry, the frustration of the victims of those crimes seems to be growing exponentially. In the past the major concerns were focused on how to d...... ... , striking out the defend-ant's defence and entering summary judgment. In those not unusual cases, where the defendant is resident outside the ... 'unless orders' and as a result, his defence was struck out and default judgment entered for almost US$20m. As a result of that judgment entered ... ...
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Appeals and Applications to Set Aside Judgment
... ... • A judgment in default (obtained without a hearing) can sometimes be set aside ... This chapter considers three situations where the losing party may want the case ... ...
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Use of Denton on an Application to Set Aside Default Judgment in the TCC
In Tideland Ltd v Westminster City Council [2015[ EWHC 2710 (TCC) (a judgment dated July 2015 but only just published), the TCC made a decision to set aside default judgment regarding a £7m claim ....
- Enforcing English Judgments Overseas: Judgment In Default v Summary Judgment
- Breaking News - First Default Judgment Where The Claimant Is Based Abroad
- Rule Change To Clarify Default Judgment Can't Be Entered If Acknowledgement Of Service Or Defence Filed Before Judgment
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Default judgment upon request in claim relating to detention of goods (rule 12.4(1)(c))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Judgment for claimant (in default)
Forms relating to civil matters including judgments.
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Judgment for claimant (in default)
Forms relating to civil matters including judgments.
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Application for European Enforcement Certificate (Judgment in default of a defence or objection)
County Court forms including the N1 money claim form.