header-logo header-logo

Specified v unspecified

20 June 2014
Issue: 7611 / Categories: Case law , Judicial line , In Court
printer mail-detail

I had understood that the CPR changed the law and entitled a claimant to liquidate general damages and make a specified claim which could lead to a default judgment for the specified sum rather than for an amount to be decided by the court. However, on several occasions deputies dealing with online money claims have without notice set aside judgments for specified sums which have included a general damages element on the ground that these were strictly unspecified claims and should not have been issued online. They have also struck out the claims and this I regard as way over the top. If they are right then I fancy that 75% of claims made on line should not have been so made. Am I wrong?

No. The received view when the CPR came into force was that the introduction of the specified claim enabled a claimant to claim, say, a fixed sum of £10,000 for damages for personal injury if he chose to do so and that enabled them to enter a default judgment for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll