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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
| Tags: default, judgment, obtaining, procedure |
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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. |
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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. |
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"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 |
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#4
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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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