undefended cause

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1 In civil proceedings, the situation in which the defendant fails to file an acknowledgment of service; fails to file a defence; or fails to appear, or to be represented, at the hearing of the case. If a defendant fails to file an acknowledgement of service or a defence, the claimant may obtain judgment in default under Part 12 of the Civil Procedure Rules. However, under Part 13 of the Rules the court has power to set aside or vary a judgment entered in default if the defendant has a real prospect of successfully defending the claim, or if it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim (see setting aside).

2 An application for divorce, nullity, or separation not contested by the respondent. This may be because: (1) the respondent declares he does not intend to contest the divorce; (2) he gives notice of his intention to defend but fails to file an answer within the time allowed; (3) he files no answer at all; or (4) the answer filed has been struck out.

Subjects: Law.

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