Default Judgment (CPR 12): When You Can Get It and How Defendants Can Stop It
TL;DR
Default judgment is entered when a defendant fails to file an acknowledgement of service or a defence on time. Claimants can obtain judgment quickly if CPR rules are met. Defendants can prevent or challenge it by acting promptly, filing the correct documents, or applying to set aside under CPR 13.
Default judgment is one of the most significant tools in civil litigation. It allows a claimant to obtain judgment without a trial when the defendant fails to engage with the claim.
For defendants, missing the procedural deadlines can result in judgment being entered quickly and enforced without the court ever reviewing the merits of the dispute. This makes CPR 12 essential reading for both sides. Understanding how default judgment works, and how it can be prevented or undone can be the difference between protecting your position or facing immediate enforcement action.
What Default Judgment Means in Civil Litigation
Default judgment is a court order made against a defendant because they did not take part in the proceedings within the required time. It removes the need for a hearing and enables the claimant to apply straight for enforcement.
There are two types of default judgment:
- Judgment in default of acknowledgement of service
- Judgment in default of defence
Both arise from silence. The system is designed to ensure cases progress and that parties who ignore claims face swift consequences.
Get to know about: Understanding the Civil Litigation Process: A Step-by-Step Guide
When a Claimant Can Obtain Default Judgment (CPR 12.3)
A claimant may seek default judgment under CPR 12.3 when the defendant has not filed an acknowledgement of service or a defence within the allowed time and those documents are still outstanding when the court considers the request.
A claimant may obtain a default judgment only if several specific conditions are met:
- No Acknowledgement of Service (AoS) or Defence Filed: The court can enter default judgment only if the defendant has not submitted an acknowledgement of service or a defence by the time the judgment is processed. If either document has been filed, the claimant is no longer entitled to request default judgment.
- Time Limit Expired: The relevant time limit for the defendant to file the AoS (typically 14 days from deemed service) or the defence (typically 14 days after filing an AoS, or 28 days from deemed service if the AoS includes an intention to defend) must have expired.
- No Pending Applications: The defendant must not have a pending application to set aside the claim form, strike out the statement of case, or for summary judgment that has not been dealt with.
- Claim Not Satisfied: The defendant must not have already satisfied the whole claim (including costs).
- No Admission with Time to Pay: If the claim is for money, the defendant has not admitted liability for the whole claim but requested time to pay, in which case a separate procedure applies.
- Proper Service: The claimant must ensure that the claim form and particulars of claim are correctly served on the defendant in compliance with the Civil Procedure Rules.
- No Excluded Claims: The claim must not be one where default judgment is prohibited (e.g., claims against minors or protected parties, or claims using the Part 8 alternative procedure)
How Defendants Can Stop Default Judgment Before Entry
The most effective way for a defendant to prevent a default judgment is to act quickly and comply with the court deadlines.
File a Defence
A claimant cannot secure a default judgment if the defendant has already filed a defence, or any document intended to serve as one, as long as it reaches the court before judgment is entered.
- Normal timeframe: A defence should be submitted within 14 days of service of the particulars of the claim.
- Extended timeframe: Filing an Acknowledgement of Service within the initial 14 days extends the deadline, giving the defendant 28 days from service of the particulars of the claim to lodge their defence.
File an Acknowledgement of Service
Filing an Acknowledgement of Service gives the defendant extra time to respond. Once filed, the deadline to serve a defence increases to 28 days from the date of service. This extra period is important for defendants who need additional time to review the claim and prepare their case.
Satisfy the Entire Claim
If the defendant pays the full amount claimed (including any costs and interest) before judgment is entered, the claimant is prevented from obtaining default judgment.
Agree on an Extension of Time
The parties may agree in writing to give the defendant extra time to file a defence, for a period of up to 28 additional days. This extension does not require court approval, but the defendant must inform the court in writing once the extension has been agreed.
Make a Relevant Application
A claimant may not obtain a default judgment if the defendant has already made specific types of applications that have not yet been disposed of by the court. These situations include:
- An application asking the court to strike out the claimant’s statement of case.
- An application seeking summary judgment based on the claim having no real prospect of success.
- Filing an admission of the claim but requesting time to pay (under CPR Part 14).Â
What to Do If the Deadline is Missed but Judgment is Not Yet Entered
If the deadline has passed but a court officer has not yet entered the judgment, filing the defence (or AoS, if applicable) immediately will still prevent the judgment from being entered. The claimant must satisfy the conditions under CPR 12.3 at the exact date and time the judgment is entered; if the relevant document is on file, the condition is not met.
Key Actions Claimants Should Complete Before Requesting Judgment
- Confirm proper service: Ensure the claim form and particulars were served in full compliance with CPR Part 6. A default judgment cannot stand if service was defective.
- Check the deadlines: Verify that the 14-day acknowledgement period or the 28-day defence period has fully expired before applying.
- Review the court file: Make sure no acknowledgement of service or defence has been filed, even if lodged late.
- Identify any live applications: A default request cannot proceed if the defendant has a pending strike-out or summary judgment application.
- Follow the correct procedure: Use the appropriate forms and court process for the type of claim, especially for specified and unspecified money claims.
Need Advice on Default Judgment or Court Deadlines?
If you are dealing with a default judgment, facing strict CPR deadlines, or need strategic support with a defence or enforcement issue, our experts at Civil Litigation Lawyers can assist. We review the case, assess your procedural position, and provide instructions tailored to your situation. Contact our team for focused, reliable representation in any civil dispute.
