Legal issues
This is different from default judgment, which concerns failures to take required procedural steps. A defendant who has engaged with the claim may still face summary judgment; a claimant may also face an application against a weak claim. The application should identify the particular issue and evidence, rather than ask the judge to decide an entire disputed commercial history on assertion.
This guide concerns England and Wales.
For the wider service, see Civil and Commercial Disputes. Related decisions are covered in Part 36 settlement offers and costs and Defending a Business Debt Claim.
Evidence that matters
For an applicant, assemble the contract, relevant communications, performance or delivery records, invoices and admissions. Explain why the competing account has no realistic evidential basis. For a respondent, identify the actual defence and supporting documents. If further evidence is needed, explain what it is, why it matters and how it is expected to be obtained.
Reasonable lines of enquiry
Test the argument against the strongest opposing document. Is the dispute about contractual wording, an alleged variation, defective performance or a set-off? Is there a genuine need to hear witnesses? Saying “there must be a trial” without identifying the issue may be no more useful than an applicant saying “the debt is obvious”.
What happens next
CPR Part 24 sets requirements for the application, hearing notice and evidence. In the ordinary case, respondent evidence is due at least seven days before the hearing and reply evidence at least three days before, but special cases and directions require checking. Outcomes can include judgment on all or part, refusal, conditions or further case-management directions. Costs of the application require separate assessment.
Immediate steps
Read the notice and court order immediately. Calendar evidence dates and arrange a witness who can address the documents from knowledge. Do not rely on an unsupported defence or assume settlement discussions suspend the timetable. If relief from a deadline is needed, address it promptly.
What should you send us?
Send the claim, defence, application, witness statements, exhibits, hearing order and the central contract or transaction records. Identify any genuine missing evidence and its likely source.