“There has been a distinct change in court policy following implementation of Lord Justice Jackson’s reforms, and the courts are far stricter in implementing and upholding deadlines, and not granting relief from the sanctions of a default judgment without very good reason. Each case will be considered on its merits having regard to all the circumstances, but as a word to wise…Get on with it! Had you done what you were meant to do in the first place and filed what you needed to file within the appropriate time-limits, you would not be clogging up the court system, taking up the time of the court, spending your own time on a back-foot, and incurring legal costs against you for making such an application.
The court system breaks down/certainly slows down, when having to deal with such matters, then to have to consider un-doing what has been done and reconsidering a court timetable moving forwards.
Beware, that should you manage to set aside a default judgment, this negative mark against you, will remain in the court records, and any further breaches of the court timetable will be frowned upon. You will unlikely maintain the sympathy of the court.”
A claimant brings a claim. A defendant defends a claim. This subject is time-sensitive. You must act promptly to do something about, it or you may forgo your right to do so through passage of time.
This blogpost is aimed at the uninitiated who have never been involved in the court legal system of England and Wales. It can be a very daunting and frustrating experience if you do not seek legal advice.
I hope that this assists people to understand this procedure. How it starts, how it is avoided, and what to do if you receive a default judgment.
The law and procedure cited in this blogpost are accurate at the time of publication, but are subject to change as the Civil Procedure Rules 1998 (‘CPR’), are amended, or case law brings new interpretation to understanding those rules.
- What is a court judgment?
There are five ways…
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