Default judgement means a judgement without trial where defendant:
a) has failed to file an acknowledgent of service
b) has failed to file a defence.
Conditions to be satisfied
(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered–
(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and
(b) the relevant time for doing so has expired.
(2) Judgment in default of defence may be obtained only –
(a) where an acknowledgement of service has been filed but at the date on which judgment is entered a defence has not been filed;
(b) in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,
and, in either case, the relevant time limit for doing so has expired.
(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule)
If you are willing to intiate a claim and looking to obtain a default judgement then feel free to contact our expert team of civil litigation solicitors serving you since 2008.
Civil litigation solicitors in London.