39. Default judgment
(1) This Rule does not apply to a default judgment in the Small Claims Division to which Part 37 applies or to a default judgment in the Employment Division to which Part 38 applies.
(2) In these Rules, “default judgment” means judgment without trial or hearing where a defendant has failed to file and serve an acknowledgment of service, or has filed and served an acknowledgment of service but has failed to file and serve a defence.
(3) Judgment in default of an acknowledgment of service may be obtained if at the date on which judgment is entered the defendant has not filed and served an acknowledgment of service and the relevant time for doing so has expired.
(4) Judgment in default of a defence may be obtained where the defendant has filed and served –
(a) an acknowledgement of service but at the date on which judgment is entered a defence has not been filed and served; or
(b) a counterclaim where at the date on which judgment is entered a defence has not been filed and served,
and, in either case, the relevant time limit for doing so has expired.
(5) A default judgment on a money claim may include interest as provided for by a practice direction.
|Amended on November 2, 2020|
|Amended on February 15, 2021|