Magistrates Court (Civil Division) Rules 1998
117Amount of default judgment
Start here
Get a plain-English read of 117
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
117 Amount of default judgment
(1) Default judgment in respect of a claim for a debt or liquidated sum, a claim for the cost of repairs to property or a claim for the loss of property is to include a statement specifying –
(a) the amount claimed in the action; and
(b) costs in accordance with Part 3 of Schedule 1 ; and
(c) interest at the prescribed rate, payable for the following periods:
(i) in the case of a debt or liquidated sum, from the date on which the liability to pay the amount of the claim was due to the date of judgment;
(ii) [Rule 117 Subrule (1) amended by S.R. 2014, No. 42, Applied:12 Mar 2014] in the case of repairs or loss, from the date of filing the claim to the date of judgment; and
(d) [Rule 117 Subrule (1) amended by S.R. 2014, No. 42, Applied:12 Mar 2014] costs in accordance with item 14 of Part 1 of Schedule 1 .
(2) An action for the recovery of premises or ejectment is taken to be a claim for a liquidated sum under subrule (1) if it –
(a) includes a claim for damages for wrongful dispossession; and
(b) specifies that the rate of claim of those damages does not exceed the rate of rent payable at the time of termination of the tenancy.