Default judgments happen.
If, for any reason, you did not receive the claim form, or you misplaced it and failed to file a defence, a default judgment may have been entered against you.
Under rule 13.3 of the Civil Procedure Rules, the court may set aside a default judgment if the defendant has a real prospect of successfully defending the claim and acts promptly upon becoming aware of the judgment.
If you did not receive the claim form, it is sometimes possible to anticipate the claimant’s allegations and provide the court with a brief outline of what a full defence would include. However, if the defendant is unaware of the nature of the claim, obtaining a copy of the claim form is essential to have any realistic chance of preparing a successful application.
In most cases, only the defendant can obtain the relevant documents directly from the court.
Even if a solicitor is instructed and a notice of acting is filed, it is unlikely the court will provide the documents promptly. This is due to an approximately five-week delay in processing notices of acting and updating records to reflect legal representation.
Where a copy of the claim form is essential, the defendant must contact the court centre. Time is often of the essence. While the average wait in the court’s virtual telephone queue is around an hour, this inconvenience is minor compared with the risk of having to pay a judgment on a claim that the defendant did not have an opportunity to defend.
If you have received a default judgment and are unsure of your next steps, get in touch with our legal team at Lawgistics. Our helpline and casework service can guide you through setting aside a judgment and preparing any supporting evidence.
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