Judgments before trial explained

It may be the case that a judgment is made before your case goes to trial at Court.  This would be one of the following:

Default Judgment

A Default Judgment is a judgment by an administrative act rather than by trial, which will be due to the Defendant failing to file their defence within the relevant time limit.

Summary Judgment

A Summary Judgment may be ordered where:

  • The defence has no prospect of succeeding; and there is
  • No compelling reason why the claim should be disposed of at trial

For a Summary Judgment, an application has to be made to the Court.

Unless Orders

Unless Orders are a form of conditional order which state that unless a party complies with a procedural order by a particular date, their statements of the case are liable to be struck out without the need for a further order. The strike out occurs automatically upon the party's failure to comply with the Unless Order.

Strike Out

The Court has the power to strike out the party’s statement of case (i.e. the claim form, “particulars of the claim” or their defence) in whole or part if the following applies:

  • No reasonable grounds for bringing or defending the claim
  • Abuse of process
  • Failure to comply with the rules or Court order

Consent Order

During litigation, the parties will be encouraged by the Courts to attempt to reach an agreement to settle the matter to avoid the time and costs of going to a final hearing.  Where an agreement is reached, a consent order will be drafted to record the agreement.  This must be approved by the judge, after which it will become binding.  

Tomlin Order

Under a Tomlin Order, the Court action is stayed (put on hold) on terms agreed between the parties. If one party does not perform its obligations within the schedule, the other party may be at liberty to enter judgment or continue the action.  Tomlin Orders are used where complex terms of settlement are agreed, or terms are agreed which extend beyond the boundaries of the action. 

For more information on the types of judgment that can be reached before your claim goes to trial, contact Laura Blakemore on 023 8071 7412 or email laurablakemore@warnergoodman.co.uk.

To speak to one of our experts please call us