Default judgment definition

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Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

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Setting aside default judgment—mandatory grounds (CPR 13.2)

If default judgment is wrongly entered against a defendant the court must set that judgment aside. CPR 13.2 sets out mandatory grounds for setting aside a default judgment—if these grounds are present the court has no discretion and must set aside the default judgment regardless of the merits of any proposed defence.This Practice Note explains when the court is bound to set aside a default judgment and addresses common arguments which defendants put forward to say that a default judgment must be set aside on mandatory grounds.For guidance on the alternative bases upon which a court may, in its discretion, set aside default judgment, see Practice Note: Setting aside default judgment—discretionary grounds (CPR 13.3).For guidance on the procedure for applying to set aside default judgment, see Practice Note: Setting aside default judgment—making the application.For guidance on what is a default judgment, see Practice Note: Obtaining default judgment—general principles.What are the mandatory grounds for setting aside default judgment?CPR 13.2 provides that the court must set aside a default judgment if the...

Relief from sanctions—illustrative decisions (from 1 January 2024)

Relief from sanctions—illustrative decisions (from 1 January 2024) This Practice Note provides a number of illustrative decisions to provide an insight into how the courts will deal with an application for relief from sanctions. It separates cases where relief from sanctions was granted from cases where relief from sanctions was refused noting the key facts of the case and details of the decision. This Practice Note provides details of relevant cases from 1 January 2024 onwards. For illustrative decisions involving relief from sanctions prior to 1 January 2024, see Practice Note: Relief from sanctions—illustrative decisions [Archived]. For guidance on when an application for relief is required and on making or opposing an application, see Practice Notes: Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application. For more detailed guidance as to the court’s approach to relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach. Relief from sanctions granted Case details and analysis Issue Decision The Occupiers of...

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Order that default judgment be set aside

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 division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [insert name of Judge] dated:[insert date] Between [insert name]        Claimant / Respondent and [insert name]        Defendant / Applicant _______________________________________ draft order _______________________________________ Upon Hearing Counsel for the Claimant and Counsel for the Defendant It is ordered that:

Witness statement supporting recognition and enforcement of judgment under Brussels I

Witness statement supporting recognition and enforcement of judgment under Brussels I Filed on behalf of the applicant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] In the matter of Council Regulation (EC) No. 44/2001 And in the matter of the judgment of [Court of Origin] dated [Date] Between 1 [insert name] Applicant and 2 [insert name] Respondent _____________________________________________________________________________________________ First witness statement of [Insert name of witness] ON BEHALF OF THE APPLICANT _____________________________________________________________________________________________ This Precedent is for use in registering a judgment under...

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PI & Clinical Negligence weekly highlights—17 April 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which considered causation in a mesothelioma claim. We also consider a High Court judgment which found that the fixed costs regime was disapplied retrospectively on allocation to the multi-track. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

Delay kills defence (British Gas v Oak Cash & Carry)

Dispute Resolution analysis: The Court of Appeal has upheld the Queen’s Bench Division’s decision to allow an appeal and reinstate default judgment following the defendant’s failure to file its listing questionnaire (or pre-trial checklist (PTC)) in accordance with an unless order. In doing so, the Court of Appeal has considered the extent to which the breach of the unless order should be looked at in isolation and the fatal effect the defendant’s failure to act promptly on receiving the default judgment had on its ability to defend the claim. The decision applied the three-stage Denton test under CPR 3.9 and is perhaps the strongest indication yet of the importance of appropriate action being taken immediately in situations of default.