What must a statement of claim (SoC) inform the defendant regarding their failure to file a defense?

The statement of claim (SoC) plays a crucial role in civil procedure, particularly in informing the defendant of the potential consequences of failing to file a defense. When a SoC is served, it typically includes provisions that alert the defendant to the fact that a judgment or order may be made against them if they do not respond within a specified time frame.

This situation underscores the fundamental principle of fairness in legal proceedings: defendants must be made aware of their rights and the implications of their inaction. If a defendant fails to file a defense, the plaintiff may seek a default judgment, which could result in a court ruling in favor of the plaintiff without the defendant having an opportunity to present their case.

This process ensures that in the absence of a response from the defendant, the court can still proceed with the matter, thereby upholding the efficiency of legal proceedings. As such, the notification regarding the risk of a judgment or order being made against them is vital for ensuring that defendants understand the importance of their participation in the case.