header-logo header-logo

Judgment registration in contested case

27 January 2011
Issue: 7450 / Categories: Case law , Judicial line
printer mail-detail

A judgment arising out of a contested county court hearing is not registrable at the Register of County Court Judgments...

A judgment arising out of a contested county court hearing is not registrable at the Register of County Court Judgments etc—at least initially—if the claim was contested. Does this still apply if the defendant did not turn up at the trial which led to the judgment although he had filed a defence and otherwise participated in the proceedings?

Yes, it does. The filing of the defence would have rendered the claim contested for the purposes of the Register of Judgments, Orders and Fines Regulations 2005 (SI 2005/3595). The defendant’s absence from the trial does not convert the claim into an uncontested case. After all, the court might dismiss the claim on a one-sided hearing even in the defendant’s absence if the claimant’s case has not been proved to its satisfaction. It is not unknown for a defendant to file an unmeritorious defence with the sole object of prolonging registration of a judgment until enforcement action

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll