Small Claims...two defendants, only one defence

Computersaysno

Someone I know has got a small claims case ongoing.


Named two defendants, but only one has acknowledged the case and submitted a defence.


Can he apply for a summary judgement against the one who hasn't submitted an acknowledgement/defence [after the appropriate 14/28 days]???




If 'yes', is it for the full amount??


Does the case automatically get closed if he gets the full amount awarded from the non-responding defendant??

bod1467

Surely the case will go ahead with the one defendant defending? If the case is won then the claim will (likely) be enforced against both defendants (but that depends on what the judge orders).

unholyangel

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.8

Claim against more than one defendant
12.8
(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.
(2) Where a claimant applies for a default judgment against one of two or more defendants –
(a) if the claim can be dealt with separately from the claim against the other defendants –
(i) the court may enter a default judgment against that defendant; and
(ii) the claimant may continue the proceedings against the other defendants;
(b) if the claim cannot be dealt with separately from the claim against the other defendants –
(i) the court will not enter default judgment against that defendant; and
(ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants.
(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless –
(a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or
(b) the court gives permission.

arcon5

Huh, so it would seem you can! What a strange system

unholyangel

arcon5 wrote: »

Huh, so it would seem you can! What a strange system

Depends on the particulars of the claim though and in some instances, it may even be ill advised to do so.