Hello,
What happens when a defendant fails to file a defence pls. Do you wait for the court to give direction or is it up to the Claimant to act by issuing a Judgement by default?
Thank you as always. (:
Defendant has failed to file a defence.
Re: Defendant has failed to file a defence.
You should follow PD 12 and if you specified the amount of damages you are seeking in your claim form, then apply to the court for judgement in default, using Form N205A.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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Geronim0
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Re: Defendant has failed to file a defence.
This is a good suggestion, especially if the procedure is already well underway. That said, to avoid complications, it can be helpful to clearly trace the history and highlights of your application in your documents. A careful, well-constructed presentation can make all the difference in strengthening your case.