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How to request judgement?

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  • #1

    How to request judgement?

    I have issued the claim in England against a defendant in Scotland.

    The defence has been struck out and I'm trying to request judgement.

    The rules for requesting judgement where the defendant is in Scotland appear different (the judge said I need to file an affidavit for a start) and I have already had one application dismissed.

    Can anyone point me to any guidance at all that can confirm what forms I need and what I need to put on my affidavit?

    Delilah
    Tags: None
  • #2
    Hello,

    This sounds like something that would be covered by the Civil Jurisdiction and Judgments Act 1982, although I have only heard of the affadavits being required upon obtaining judgment and registering it in Scotland for enforcement. Admittedly, my experience is going from Scotland to England, so hopefully someone can shed some more light on it.
    ----- DISCLAIMER -----

    I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

    Comment

    • #3
      CPR 12.10 suggests its an N244 application
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment

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      SHORTCUTS


      First Steps
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      Income/Expenditure
      Acknowledge Claim
      CCA Request
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      Subject Access Request Letter
      Example Defence
      Set Aside Application
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      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

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      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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