Legal Systems in the UK
When and why will this arise?
England and Wales operate under a different legal system to Scotland. In many cases it will be permissible to commence proceedings against a Defendant who lives or carries out their business in Scotland but necessary to enforce the judgment in Scotland, since that is where the Defendant’s assets are located.
Special rules apply where a Claimant wishes to obtain judgment in default in England or Wales in either a County Court or the High Court and then enforce that judgment in Scotland.
The time for responding to a Claim Form and Particulars of Claim where the Defendant lives or carries out their business in Scotland is 21 days from the date of deemed service. If the Defendant fails to respond within that time it is open to the Claimant to apply for judgment in default.
How to apply for judgment in default
Where the Defendant lives or carries out their business in Scotland the following have to be sent to the English or Welsh Court in which the proceedings were commenced in order to obtain judgment in default:
An application for judgment in default
Form N244, which can be obtained from the Court office or from the Court Service’s website, should be used.
The application will be dealt with without the need for a hearing and should include the following information:
That the Claimant intends to apply for an Order, a draft of which should be attached, that the Claimant be permitted under CPR 12.10(b)(i) to enter judgment in default for the sum claimed together with interest and costs because:
The Defendant is domicile in Scotland;
The Claim has been properly served in accordance with CPR 6.19(1);
The Defendant has not filed an Acknowledgment of Service or a Defence and the relevant period for doing so has expired;
The Defendant has not satisfied the claim;
The Defendant has not filed an Admission;
The claim is one that the Court has power to hear and decide;
No other Court has exclusive jurisdiction under the Civil Jurisdiction and Judgments Act 1982 or the Judgments Regulation to hear and decide the claim.
An affidavit in support of the application
The affidavit should comply with the formalities of Practice Direction 32 to the Civil Procedure Rules and should contain the following information:
That the affidavit is made in support of the Claimant’s application for Judgment in Default made pursuant to CPR 12.10(b)(i);
- The date upon which the Claim Form and Particulars of Claim were issued; A statement confirming that the Claim Form and Particulars of Claim were properly served on the Defendant in accordance of the laws of Scotland, namely by recorded delivery post (the normal method of service in Scotland) and the date upon which they were served.
For more information on:
- A draft order
- The court fee
- How to apply for a certified copy of the judgment to register in Scotland
- An application for a certified copy of the judgment
- An witness statement in support of the application
- A draft certificate
- The court fee
- Registration of the judgment in Scotland and enforcement of the judgment