Default judgment | Practical Law

Default judgment | Practical Law

Default judgment

Default judgment

Practical Law Glossary Item 0-200-3153 (Approx. 4 pages)

Glossary

Default judgment

Where a respondent to a claim has not presented a court or tribunal with a response within a specified time limit, or where a response has not been accepted, the court or tribunal may issue a default judgment deciding the claim without a hearing if they consider it appropriate to do so.
In the UK, a default judgment may determine liability only, or liability and remedy, on the basis of the information that has been provided. Default judgment is judgment by administrative act rather than trial. It is the early determination of a claim by reason of the defendant's failure to file an acknowledgment of service or a defence within the time limits set down by the Civil Procedure Rules (CPR). The conditions which must be satisfied are set out in CPR 12.3. For further guidance, see Practice note, Default judgment: an overview.
In the US, a default judgment is entered against the defaulting party without consideration of the merits of the case. A default judgment is binding and may be entered against a party who fails to:
  • Respond to a complaint.
  • Appear at a scheduled hearing or trial.
  • Obey a discovery order.