Unless Orders And Special Circumstances

In November 2021, changes to default judgment applications under the Rules of the Superior Courts (RSC) came into force.

Under the amended rules, judgment in default of defence, or judgment to dismiss the proceedings for failure to deliver a statement of claim, will be granted on the first return date, except where justice requires an extension of time. Where an extension is granted, the court will make an "Unless Order". An Unless Order means that unless the statement of claim or defence is delivered within the extended period, the action will stand dismissed without any further application to the court.

Where judgment is obtained by default, it may be set aside if special circumstances exist. The High Court recently considered the application of such special circumstances.