What triggers a judgment in default?

• A. The defendant does not acknowledge service or file a defence; it's a paper exercise with the particulars served.
• B. The defendant admits liability.
• C. The claimant withdraws the claim.
• D. The court orders default to avoid hearing.

Answer: (A)

A judgment in default happens when the defendant fails to respond to the claim within the time allowed—specifically, they do not acknowledge service or file a defence after the claim form and particulars have been served. Once service has been effected, the defendant typically has a short period to acknowledge service (and a further period to file a defence if they acknowledge service). If neither acknowledgement nor defence is filed, the claimant can apply for default judgment. This process is often handled on the papers, without a hearing, because the plaintiff’s entitlement is based on the defendant’s lack of response rather than on contested evidence.

Admitting liability means the claim isn’t in default because there is a concession of responsibility, with the dispute moving toward quantum rather than default. If the claimant withdraws the claim, there is no judgment at all. A court order to default to avoid a hearing isn’t how default judgments are triggered; the default arises from the defendant’s failure to respond within the prescribed time.