Default of Appearance in UK Law

Leading Cases
  • Tavoulareas v Tsavliris and Others (No 2) ; Tavoulareas v AG Tsavliris & Sons Maritime Company
    • Court of Appeal (Civil Division)
    • 20 Dic 2006

    Usually, once court proceedings have begun, a defendant will have to decide whether to ignore the proceedings or defend them or challenge the jurisdiction of the court. If, however, he decides to ignore the proceedings he will not lodge any formal document with the court; in that sense he will not have "appeared" but, if he has been served with the proceedings, he will be at risk of having an enforceable judgment being entered against him.

    Once proceedings come before a court for a hearing a defendant will again have to choose whether to be present in court or not. If he does choose to be present he will, on any view, have "appeared"; if he chooses not to be present he will not, in one sense, have "appeared".

    Mr Tavoulareas did not "appear" in either of the meanings of the word; he neither lodged any formal document with the court in Greece nor was he present when the proceedings came to trial. On any view, therefore, the judgment against him was given in default of appearance. In the Hendrickman case it was said that "appearance" should be given an autonomous meaning rather than the meaning given by any individual legal system.

  • Employers' Liability Assurance Corporation Ltd v Sedgwick Collins and Company Ltd
    • House of Lords
    • 29 Jul 1926

    The main question is whether the judgment is one to which, according to the current of English decisions, foreign courts of justice may be expected to give effect. The expectation is not one of fact depending on the probable conduct of the courts of this or that country, but is one of law, based upon the consideration for the judicial proceedings of other countries, which legal administration, wherever situated, ought to adopt and observe in the interest of justice generally.

  • United Australia Ltd v Barclays Bank Ltd
    • House of Lords
    • 20 Ago 1940

    On the other hand, if a man is entitled to one of two inconsistent rights it is fitting that when with full knowledge he has done an unequivocal act showing that he has chosen the one, he cannot afterwards pursue the other, which after the first choice is by reason of the inconsistency no longer his to choose.

  • Evans v Bartlam
    • House of Lords
    • 30 Abr 1937

    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.

    The contention no doubt contains this element of truth, that from the nature of the case, no Judge could in exercising the discretion conferred on him by the rule, fail to consider both ( a) whether any useful purpose could be served by setting aside the judgment, and obviously no useful purpose would be served if there were no possible defence to the action; and ( b) how it came about that the applicant found himself bound by a judgment regularly obtained, to which he could have set up some serious defence.

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Legislation
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......out of the jurisdiction. . 12. Entry of appearance to writ or originating summons. . 13. Default of appearance to writ. . ......
  • State Immunity Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ......Procedure. . S-12 . Service of process and judgments in default of appearance. 12 Service of process and judgments in default of ......
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ...... the Jurisdiction of the said Superior Courts; and the Time for Appearance by the. Defendant to such Writ shall be regulated by the Distance from ... Appearance of the Defendant, and Proceedings of the Plaintiff in default of Appearance, be it enacted as follows: S-XXVI . Appearance according to ......
  • Civil Jurisdiction and Judgments Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ...... court of a Contracting State before whom a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was ... . (2) where it was given in default of appearance, if the defendant. was not duly served with the document ......
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Books & Journal Articles
  • FINAL REPORT OF THE COMMITTEE ON COUNTY COURT PROCEDURE (CMD. 7668)
    • Núm. 12-3, Julio 1949
    • The Modern Law Review
    ...... the Committee feel that both the ordinary and default procedure should be retained. A propcsal that all the London ... should be retained even where rather forbidding in appearance to the layman, e.g., the use of the word ‘przecipe’. On ......
  • Interim Report Of The Committee On Supreme Court Practice And Procedure (Cmd. 7764)
    • Núm. 12-4, Octubre 1949
    • The Modern Law Review
    ...... fact; (2) the more expeditious recovery of judgment in default of appearance or defence or under 0. XIV, and the more ......
  • Our Archaic Forms of Execution
    • Núm. 4-3, Enero 1941
    • The Modern Law Review
    ...... debit of A41 recovered by judgment in the High Court in default of appearance amount to about 632, and for a similar ......
  • Singapore: Money Laundering — Legal Implications for Financial Institutions
    • Núm. 1-2, Febrero 1997
    • Journal of Money Laundering Control
    • 184-189
    In October 1995, the Singapore Commercial Affairs Department (CAD) with the assistance of the Royal Canadian Mounted Police and the US Drug Enforcement Administration, uncovered a multi‐million dol...
    ...... subject to further appeal, (ii) where the order was procured in default of appearance, there was sufficient proof of service, and (iii) the ......
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Law Firm Commentaries
  • Enforcement of Judgments in England
    • Mondaq United Kingdom
    ......Certain judgments in default of appearance: a default judgment will be denied recognition if two ......
  • Rubin: Enforcement of US Judgments in England
    • JD Supra United Kingdom
    UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law.
    ...... Rubin concerned a judgment of a US federal bankruptcy court in default of appearance. In its decision, the Court of Appeal held that a foreign ......
  • English Supreme Court Refuses To Enforce U.S. Bankruptcy Avoidance Action Judgment
    • Mondaq United Kingdom
    ......Bankruptcy Court makes a default avoidance judgment against a person with no presence in the U.S. and who ... was entered against the Appellants, in July 2008, in default of appearance. Supreme Court Judgment. The Supreme Court (overturning the position ......
  • Harmony In Europe? An English perspective
    • Mondaq United Kingdom
    ...... public policy or where the maintenance order has been made in default of appearance by the paying party. What the Regulation does not address. ......
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