default judgement

Discussion in 'English Only' started by IlPetaloCremisi, Sep 22, 2007.

  1. IlPetaloCremisi

    IlPetaloCremisi Senior Member

    Good morning to everyone!

    I'm reading a decision of The European Court of Human rights. I don't understand what they mean with the expression " a default judgement", could someone explain it to me pleasE?
  2. cycloneviv

    cycloneviv Senior Member

    Perth, Western Australia
    English - Australia
    Can you give us some context for this phrase? Knowing how it appears in a sentence, and even the sentence before and after, would help us to give you an accurate answer.
  3. IlPetaloCremisi

    IlPetaloCremisi Senior Member

    The applicant institutes civil proceedings for compensation against the defendant in respect of injury to his physical and mental health caused by torture.; he obtains a default judgement afains the defendant.
  4. Joobs Banned

    In a house
    Glasgow, Scotland - English
    A default judgment is a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court).

    Basically, in law, if you make a complaint and the person you complain about fails to respond or offer a defence then it is deemed that they concede their guilt and you win.
  5. IlPetaloCremisi

    IlPetaloCremisi Senior Member

    Thanks a lot!
  6. Harry Batt

    Harry Batt Senior Member

    USA English
    To add further explanation to the fine post by Joob, a procedural way that a petitioner [plaintiff] can get a default judgment is when the respondent [defendant] does not file a written Answer denying the petitioner's allegations. The petitioner can then, after a time period to Answer expires, come before a judge and get a default judgment on those procedural grounds. If is far easier for a respondent to set aside a default judgment on procedural grounds than after he has filed an Answer and then fails to appear in court. The respondent then has the right to claim that he was never served [never received] the petitioner's Complaint.

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