default judgement

IlPetaloCremisi

Senior Member
Italia
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?
 
  • IlPetaloCremisi

    Senior Member
    Italia
    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.
     

    Joobs

    Banned
    Glasgow, Scotland - English
    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.
    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.
     

    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.
     
    < Previous | Next >
    Top