Advice - default in judgment - what happens

[Apollo14LMP]

Good morning All,

I have been dealing with a data breach case which I have put together and submitted to the courts. Claim is for distress from data breach.

The case involved a CCTV breach were the defendants CCTV was moved to photograph me and my family (surveillance 24/7) I obtained a copy of the footage and had the evidence to take the two defendants to court.

One defendant denied everything - the other sent a 200 page file which was supposed to be a defence which the court refused to accept.

The 2nd defendant did not submit a valid defence (Courts words not mine) - then failed to acknowledge the claim - did not even take time to contact me.

As a result I got a default judgment - damages decided by the court. So a District Judge has the file.

What I would like help with is this...

The 2nd defendant would now have to pay up - or ask for the judgment to be set aside (Cost £255.00 ? + legal costs). I will challenge at a hearing if they ask to set aside. Dont believe they have a defence !

Does anyone know what happens to the 1st defendant ? what if the case goes to a hearing ? I dont want the case to let the 1st defendant off the hook as they are probably as guilty as the 2nd defendant ..

Will the judge look at the first defendants defence when awarding damages ?

Just unsure as I have two defendants in my book I dont think they will be having to much luck with defending the claim at all.

Any comments would help thank you,

Best ...

[thedirtyhound]

When you have multiple defendants you are effectively suing each of them separately. So if one acknowledges the claim form and one doesn't, you can get judgment in default against the one who fails to submit a defence. The case will proceed against the other defendant alone. If in your case the 2nd defendant applies to have judgment set aside, it does not affect your claim against the first defendant. However, the 2nd defendant will be in some difficulty, because not only to the have to have a valid reason for not filing a defence, they also need to show that they have a defence that has a prospect of success. That prospect may only be 20%, but in most cases the district judge will give the defendant the benefit of the doubt. However, they will have to bear the cost of the application because the hearing is only necessary because of their failure to respond to the claim form. Arguments such as "we didn't get the claim form" are not likely to be treated sympathetically because the 1st defendant clearly did get it!

You still need to proceed against the 1st defendant regardless, because if you don't, you will let them off the hook. If you are suing them jointly and severally, it doesn't matter which of them pays as long as one of them does. A default judgment against the 2nd defendant doesn't affect the 1st defendant.

[Apollo14LMP]

Hello thank you so much for the kind input. I was worried about the costs issue. Im not so worried now. They have admitted in one of their defence submissions that they have been taken to the "magistrates court" - they are truly inept. They have also filed an incomplete (pages missing - seem to have missed sending even numbered pages) signed incoherent defence with NO statement of truth on it in respect of my daughters claim (bare denial of facts). They did not defend the other two either. The court sent the defence they tried to submit back to them in my case as it amounted to 210 pages!!.

So we are now trying to get the one (Daughters case) they did submit in time "struck out".

I m not sure how an unsigned incomplete statement with bare denial - with no statement of truth will be seen, I can only hope it is seen off !

I appreciate the court may given them a chance ...

But thank you for your advice ....