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g a z e t t e

april

1982

Practice Note

Delay in Default Judgements

A matter of considerable concern to the profession over

the past few months has been the considerable delay in the

issuance of Default Judgments from the Central Office.

The Law Society has been doing its utmost to achieve an

improvement in the situation. The Law Society is informed

that the situation should improve materially over the next

fewmonths when it is expected additional overtime will be

done. Furthermore, the extendedjurisdiction ofthe Circuit

Court is expected to alleviate the position further.

The Law Society however is informed that a large factor

contributing to the delay is the number of documents that

have to be returned by reason oferrors in the Judgment sets.

The Law Society is informed thatthefollowingerrors aré

recurring and if avoided would help greatly to reduce the

backlog at present existing in this area viz:-

(a) Description of Deponent not given in Affidavits of

Debt and service.

(b) Incorrect date of issue, Record No. or Year of Issue

quoted on Affidavit of Service.

(c) Judgment form certificate and Praecipe not signed by

Solicitor.

(d) Addresses and descriptions ofparties to the Action not

recorded on Judgment form.

(e) Defective Jurats in Affidavits viz "sworn at Street in

the County o f '. The clause "and I know the Deponent''

omitted.

(f) Incomplete forms of execution and registration.

(g) Various errors or omissions on Summary Summons;

viz.

(i) where Plaintiff is a Limited Company, address

shown on Summons may read "place of residence

at" in lieu of "regd. office at",

(ii) inaccuracies in computation of addition and sub-

traction, miscalculation of interest amounts in

Bank claims,

(iii) insufficient or superfluous particulars in the in-

dorsement of claim (no advertance to forms of

Special Indorsement of Claim in Appendix B Part

III of the Rules). For example, in goods sold and

delivered claims the clause "at the request of the

Defendant" omitted. •

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