What does Default judgment mean? In civil litigation, a default judgment is a court order deciding a claim without a trial because the defendant has not responded in time—typically by failing to file an acknowledgment of service or a defence after valid service. In England and Wales, this is governed by the Civil Procedure Rules (CPR) Part 12, with applications to set aside or vary under CPR Part 13 where the judgment was irregularly entered or the defendant shows a real prospect of successfully defending the claim or another good reason. In Northern Ireland, comparable provisions exist in the Rules of the...
Read More
This Practice Note sets out how to secure a default judgment (also termed judgment in default, judgment in default of acknowledgement of service, and judgment in default of defence). It clarifies that you may proceed by filing a request on the appropriate practice form or by making a formal application under the CPR 23 regime, and identifies when each route is appropriate. It also details the correct steps for a request or an application and the supporting evidence required, together with adjustments to the default judgment process in the Commercial Court and the Circuit Commercial Court.
For when the court may enter default judgment, see Practice Note: Obtaining default judgment-general principles. For the character of a default judgment and the forms of judgment available in default, see Practice Note: Default judgment-the judgment itself.
Note that this Practice Note deals only with the procedure under CPR 12-it does not address obtaining default judgment within dedicated online claims procedures. For guidance on those, see the following Practice Notes:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...