When is the deadline for earliest date for requesting judgment by default?
The catalogue records a 28 days period from The day the claim is served (the default arises when the r 137 period ends). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the claim is served (the default arises when the r 137 period ends)
- Counting
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- UCPR r 290: the court may set aside or amend a default judgment and any enforcement of it, on terms.
- This is not a deadline on the plaintiff but the earliest date on which the plaintiff may act: default judgment can only be requested once the 28-day r 137 period has ended. A defendant may still file a notice of intention to defend at any time before judgment (r 138), so the window is not exclusive. Default judgment may be set aside or amended on terms (r 290), with no time limit stated. There is a separate trigger under r 281(2) where a conditional notice becomes unconditional and no defence is filed within the r 144(6) 7 days.