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CPRC consultations: Enforcement of possession and entry of default judgment

Counting British pounds Print publication

11/04/2019

The Civil Procedure Rules Committee (CPRC) has recently launched two consultations which may of interest to all those concerned with collections and recoveries.

There are currently two different systems for enforcing an order for possession, each with weaknesses in terms of delay, cost and procedural requirements. The CPRC has therefore issued a consultation on improving and aligning procedures in the County Court and High Court.  The consultation, which closes on 2 May 2019, can be accessed here.

In the recent case of Cunico Resources NV v Konstantinis Daskalakis & Anor [1] the judge observed that the question of whether an acknowledgement of service filed late but before the making of an application for judgment in default precludes the grant of such a judgment, is an important issue of principle.  It is inevitably one which arises frequently in debt recovering litigation involving individuals and litigants in person.  However, looking at the Civil Procedure Rules as currently drafted and existing case law, there are three potential interpretations, and therefore three potential different answers to that question:

  1. that an acknowledgement of service/defence will be a bar to the judgment in default if it is filed before judgment is entered;
  2. that an acknowledgement of service/defence will be a bar to the judgment in default only if it is filed before the application for judgment is made; or
  3. that judgment in default may be granted where no acknowledgement/defence has been filed within time.

The CPRC’s consultation on this issue is informal and comments should be submitted to carl.poole@justice.gov.uk by 3 May 2019.

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[1] [2018] EWHC 3382 (Comm)

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