What Happens If a Defendant Misses a Court Deadline in UK Civil Claims – and Why Mediation Is Often the Better Choice

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Litigation V Mediation

When a civil dispute reaches the courts in England and Wales—whether it’s about unpaid invoices, a faulty service, or a disagreement between individuals—strict deadlines apply. These time limits are not optional. Missing them can have serious consequences, especially for defendants.

But what many people don’t realise is that the court process is intentionally designed to encourage settlement, and in many cases, mediation is a faster, cheaper, and less stressful alternative to litigation.

Below, we break down exactly what happens when a defendant fails to meet their deadlines—and why mediation is often the smarter route for everyone involved.

What Happens When the Defendant Does Not Meet the Deadline

1. They Lose the Right to Respond

Once the 14-day deadline passes (or 28 days if an Acknowledgment of Service was filed), the defendant is in default.
They can no longer file a defence without special permission from the court.

2. The Claimant Can Apply for “Default Judgment”

Default judgment is effectively an automatic win for the claimant.

No hearing.
No arguments.
No defence.

The court will order the defendant to pay:

  • the full claim amount
  • court fees
  • fixed legal costs
  • statutory interest

This can happen very quickly through Money Claim Online or by filing Form N225/N227.

3. A County Court Judgment (CCJ) Is Issued

Once judgment is entered, the defendant has 30 days to pay in full.
If they don’t, a CCJ stays on their credit record for 6 years.

This can impact:

  • credit scores
  • loan approvals
  • mortgages
  • tenancy applications
  • some types of employment

A missed deadline can therefore have long-lasting consequences.

4. Enforcement Action Can Begin

If the judgment isn’t paid, the claimant can enforce using:

  • bailiffs / enforcement agents
  • High Court Enforcement (for debts over £600)
  • attachment of earnings
  • charging orders on property
  • freezing/third-party debt orders

These steps add more fees and pressure.

5. The Defendant Can Still Apply to Set Aside the Judgment

If the defendant missed the deadline for a good reason, they can apply to “set aside” the judgment using Form N244.
But this process can be expensive, stressful, and uncertain.

⭐ So Why Is Mediation Often the Better Option?

Mediation is becoming increasingly encouraged—sometimes required—before claims proceed. And for good reason.

1. It’s Far Cheaper

Court fees can quickly escalate, and enforcement action adds even more costs.
Mediation, by contrast, is usually a fraction of the price.

2. It’s Faster

Court cases can take months or even years.
A mediation session often resolves disputes in a single day.

3. It Reduces Risk

In court:

  • One side wins.
  • One side loses.
  • Costs follow the event.

In mediation:

  • Both parties have control.
  • There’s room for compromise.
  • No one gets a CCJ or public record unless an agreement is breached.

4. It Preserves Relationships

Court battles can destroy business and personal relationships.
Mediation promotes constructive conversation, not confrontation.

5. It’s Private

Court proceedings are public; mediation is confidential.
Businesses often prefer the discretion mediation offers.

6. Courts Expect You to Try It

Judges increasingly penalise parties who refuse mediation without good reason.
This can include:

  • cost penalties
  • adverse orders
  • criticism in judgments

Mediation aligns with the court’s overriding objective:
resolving disputes efficiently and proportionately.

Conclusion: Missing Court Deadlines Is Dangerous—Mediation Is Often the Smarter Choice

Letting a court deadline slip can result in:

  • losing by default
  • receiving a CCJ
  • facing enforcement action
  • dealing with long-term credit damage

All of this can often be avoided with timely communication and a willingness to mediate.

Mediation gives both parties control, reduces cost and risk, and generally produces faster and more practical outcomes.

Before entering a legal battle—especially one involving strict deadlines—exploring mediation can save time, money, and stress.

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