Judgment Without Trial

Question 1

Default judgment is available when…

Answer 1

…C has done everything he is required to do (filing and service of PoCs) and then waits 14 days from deemed service

Question 2

DJ procedure

Answer 2

• By request (money claims only)

- By application (for all equitable remedies) - part 23 - on notice, in writing, app form, written evidence

Question 3

Set aside following DJ

Answer 3

• By right in case of wrongfully entered judgment

- By discretion of judge where real prospect of successfully defending the claim/some other good reason

Question 4

Summary judgment test

Answer 4

• No real prospect of success

- No other compelling reason why the case should be disposed of at trial

Question 5

Summary judgment procedure

Answer 5

• Can be sought by C, D, or court
• Usually once D has filed defence, before allocation
• If C has failed to comply with Pre-Action PD, then not until time for defence service has expired
• Part 23 (app form + in writing + on notice + w/s + written evidence + statement of costs)

Question 6

Summary judgment notice period

Answer 6

• Extended
• Notice 14 days before hearing
• D’s response 7 days before
• Applicant’s response 3 days before

Question 7

Orders available:

Answer 7

• Striking out/dismissal
• Judgment
• Dismissal of the application
• Conditional order (where possible but improbable that a claim will succeed)