59 The answer to the first question and the first
part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue
of judgment by
default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised
of the matter has first satisfied itself that all investigations required by the principles
of diligence and good faith have been undertaken to trace the defendant.
The claim was a
Part 7 claim in the Commercial list and therefore by reason
of CPR 58.8 there was no requirement for the claimant to serve particulars
of claim prior to applying for or obtaining a
default judgment.
Larry believes that walking away from your home (otherwise known as a «Strategic
Default») is not the preferred method
of handling a mortgage foreclosure due in
part to deficiency
judgment and credit concerns.