The number of Judgments increased by 25% in the last twelve months according to official statistics with the rise largely reflecting, an increase in Judgements in Default.
A Judgement in Default is ordinarily obtained by a Claimant where the Defendant fails to file either Acknowledge of the Court papers or a Defence thus allowing a Claimant to seek a Judgment without the need for trial saving cost and time.
In practice, in most instances where Judgment in Default is obtained, it reflects in the writer’s experience with the Defendant has no means to pay but that is not always the case.
What it does mean is that in an environment of ever increasing Court fees, there is potentially good news on the horizon for Claimants if they can obtain Judgments in Default and successfully enforce them.
As always, it would be prudent for any potential Claimant to carry out appropriate checks against a potential Defendant as a corollary of ensuring that even if a Judgment is obtained, the Defendant, to the extent that it is possible to ascertain, has the means to pay it.
For further information, contact our litigation team at one of our offices in Lincoln, Boston, Grantham, Sleaford, Spalding and Newark.