High Court Default Applications-Procedural Changes from November 2021

Certain rules of the Superior Courts-in particular the rules concerning judgment in default in the High Court-are to change from 13th November 2021.

The principal changes brought about are

  1. that judgment be entered in a motion for judgment in default of defence or default of statement of claim except where justice requires an extension of time and that where such an extension is granted, the court shall make an “Unless Order”, thus requiring one court hearing only;
  2. 8 weeks for delivery of a statement of claim and delivery of a defence in all cases;
  3. the requirement of a 28 day warning letter prior to the bringing of an application for judgment in default including judgment in default of appearance and
  4. that a plaintiff be required to serve the motion on the defendant in all applications for judgment in default of appearance.

The statutory instrument is S.I. 490/2021-Rules of the Superior Courts (Procedure on Default) 2021.