A Court User's Guide to the Civil Justice Reforms

Flowchart 2

Default judgment
CPR Part 12

Default judgment not available

Claimant may not obtain default judgment in Consumer Credit Act return of goods cases unless claim form gives defendant alternative of paying the value

Claimant may not obtain a default judgment if an application for summary judgment remains outstanding

Default judgment available

Default judgment may be obtained where

• acknowledgment of service or defence not filed and time for doing so expired, or
• acknowledgment of service filed but no defence filed and time for doing so expired

Default judgment available with permission

CPR Part 12 sets out where the court's permission is required to apply for default judgment and whether application should be on notice and supported by evidence Specified amounts

Where claim was for a specified amount, claimant may specify in request:

• date by which the whole of the judgment debt is to be paid or
• times and rate at which it is to be paid by instalments

Unspecified amounts

Where judgment for an amount , value of goods or interest to be decided by the court. It will give directions or allocate the case to track as it considers appropriate

Costs only

Default judgment can be obtained for costs only by using request for judgment where fixed costs, and N244 application notice where costs have to be decided by the court