Default of Appearance in UK Law

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.

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.

(1) Any writ or other document required to be served for instituting proceedings against a State shall be served by being transmitted through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State and Service shall be deemed to have been effected when the writ or document is received at the Ministry.