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Procedure for obtaining default judgment.



 
 
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  #1  
Old September 26th 08, 11:45 PM posted to uk.legal.moderated
pnlend@yahoo.co.uk
external usenet poster
 
Posts: 7
Default Procedure for obtaining default judgment.

I am the claimant and I managed to get the defense stroke out. I
should like to obtain a default judgment by filling a request on the
relevant practice form, pursuant the judge order.
I understand this form is N225.

My question is where do I insert the damages on this form.Should I add
them up to the 'Amount of claim...' or use a separate sheet of paper?

Many thanks for your help.

  #2  
Old September 27th 08, 10:55 AM posted to uk.legal.moderated
The Todal
external usenet poster
 
Posts: 8,899
Default Procedure for obtaining default judgment.


wrote in message
...
I am the claimant and I managed to get the defense stroke out. I
should like to obtain a default judgment by filling a request on the
relevant practice form, pursuant the judge order.
I understand this form is N225.

My question is where do I insert the damages on this form.Should I add
them up to the 'Amount of claim...' or use a separate sheet of paper?

Many thanks for your help.


Obviously, under "Amount of Claim". Just say what figure you are claiming,
if it is a liquidated amount, and add interest and court fees and come to a
total.

If however you are asking for damages to be assessed (eg you want damages
for hurt feelings or for personal injury or for anything else that cannot be
precisely calculated in pounds and pence) you need a different form, N227.

I must say I am not convinced that either form is quite appropriate if a
defence has been struck out. The form asks you to certify that the defendant
has "not filed an admission or defence". However, if the court staff tell
you that it's the correct form, use it.



  #3  
Old September 29th 08, 09:20 AM posted to uk.legal.moderated
Andrew McGee
external usenet poster
 
Posts: 1,100
Default Procedure for obtaining default judgment.


"The Todal" wrote in message
...

wrote in message
...
I am the claimant and I managed to get the defense stroke out. I
should like to obtain a default judgment by filling a request on the
relevant practice form, pursuant the judge order.
I understand this form is N225.

My question is where do I insert the damages on this form.Should I add
them up to the 'Amount of claim...' or use a separate sheet of paper?

Many thanks for your help.


Obviously, under "Amount of Claim". Just say what figure you are
claiming,
if it is a liquidated amount, and add interest and court fees and come to
a
total.

If however you are asking for damages to be assessed (eg you want damages
for hurt feelings or for personal injury or for anything else that cannot
be
precisely calculated in pounds and pence) you need a different form, N227.

I must say I am not convinced that either form is quite appropriate if a
defence has been struck out. The form asks you to certify that the
defendant
has "not filed an admission or defence". However, if the court staff tell
you that it's the correct form, use it.


I see what you mean about the suitability of the form, but there does not
appear to be anything else in the array of CPR forms which can meet the
case. I suppose that if the Defence is struck out, the result is as if no
defence had been filed, but there is certainly some element of fiction in
all this.

Andrew McGee


  #4  
Old October 1st 08, 11:50 AM posted to uk.legal.moderated
pnlend@yahoo.co.uk
external usenet poster
 
Posts: 7
Default Procedure for obtaining default judgment.

On Sep 29, 9:20*am, "Andrew McGee" wrote:
"The Todal" wrote in message

...



wrote in message
....
I am the claimant and I managed to get the defense stroke out. I
should like to obtain a default judgment by filling a request on the
relevant practice form, pursuant the judge order.
I understand this form is N225.


My question is where do I insert the damages on this form.Should I add
them up to the 'Amount *of claim...' or use a separate sheet of paper?


Many thanks for your help.


Obviously, under "Amount of Claim". *Just say what figure you are
claiming,
if it is a liquidated amount, and add interest and court fees and come to
a
total.


If however you are asking for damages to be assessed (eg you want damages
for hurt feelings or for personal injury or for anything else that cannot
be
precisely calculated in pounds and pence) you need a different form, N227.


I must say I am not convinced that either form is quite appropriate if a
defence has been struck out. The form asks you to certify that the
defendant
has "not filed an admission or defence". *However, if the court staff tell
you that it's the correct form, use it.


I see what you mean about the suitability of the form, but there does not
appear to be anything else in the array of CPR forms which can meet the
case. I suppose that if the Defence is struck out, the result is as if no
defence had been filed, but there is certainly some element of fiction in
all this.

Andrew McGee



It's exactly what I meant Andrew, I understand however from the Court
clerk that I should use form N225 and attach a separate letter to the
Judge the about any other damages claim.

Many thanks to all.

 




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