Default judgment after an acknowledgment of service (CPR 10.3, 15.4, 12.3)
Marsh Electrical Ltd issues a claim for a specified sum of £48,000 for unpaid invoices against Harlow Fabrication Ltd. The claim form and particulars of claim are served together. Harlow files an acknowledgment of service within the time allowed, stating that it intends to defend the whole claim. No extension of time has been agreed or ordered. Sixteen days after service of the particulars of claim, no defence has been filed, and Marsh's trainee suggests filing a request for default judgment straight away.
Which of the following best describes the position?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: Marsh may not yet obtain default judgment, because Harlow has 28 days after service of the particulars of claim to file its defence, and that period has not expired.
THE RULE TO REMEMBER
Once an acknowledgment of service is filed, the defence is due 28 days after service of the particulars of claim, and default judgment is available only if that period expires with no defence filed.
Default judgment after an acknowledgment of service (CPR 10.3, 15.4, 12.3)
Under CPR 15.4(1) the general rule is that the period for filing a defence is 14 days after service of the particulars of claim or, if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim. Harlow has filed an acknowledgment of service, so it has 28 days. Under CPR 12.3(2)(a), judgment in default of defence may be obtained only where an acknowledgment of service has been filed but, at the date on which judgment is entered, a defence has not been filed, and the relevant time limit has expired. At day 16 the time for Harlow's defence has not expired, so a request would be premature.
Why A is wrong: The 14-day period in CPR 15.4(1)(a) applies only where no acknowledgment of service has been filed.
Why B is wrong: CPR 12.3(2)(a) expressly allows judgment in default of defence where an acknowledgment of service has been filed but no defence follows in time.
Why C is wrong: An extension under CPR 15.5 must be agreed between the parties (by up to 28 days) and the defendant must notify the court; nothing is agreed automatically.
Why D is wrong: For a claim for a specified amount of money, CPR 12.4(1)(a) allows default judgment by filing a request, and in any event the time for the defence has not yet expired.
That's today's practice done. Another featured question tomorrow.
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