If there is no response to the particulars of claim, what can the claimant apply for?

• A. The court will stay the case pending trial.
• B. The claimant can apply for judgment in default.
• C. The claimant must wait for a response.
• D. The court will automatically grant summary judgment.

Answer: (B)

When there is no response to the particulars of claim, the claimant can apply for judgment in default. This means the court can enter judgment without a trial because the defendant has not filed a defense or otherwise responded within the time allowed. It’s based on the idea that if the defendant doesn’t engage with the claim in time, the claimant should be able to obtain a binding decision on liability and the amount claimed.

It isn’t automatic—the claimant must make a proper application and show that the claim was validly served and that no defense was filed in time. If a defense is later filed, the default judgment can be set aside on the right grounds. This is different from seeking summary judgment, which is about whether there is any real issue to go to trial at all and requires a showing that there is no genuine dispute of material fact.