Setting aside a default judgment

Question 1

what must D do?

Answer 1

file an N244 + w/s asap

Question 2

what must be addressed in the evidence?

Answer 2

1. Ground evidenced
2. Application made promptly (inc. time taken to file + reasons for delay)
3. Relief from sanctions

Question 3

explain the mandatory ground

Answer 3

Court must set aside the DJ if it was wrongly entered, i.e.:
o C did not comply with the above CPR 12.3(1) conditions
o C made an application when they shouldn’t (CPR 12.3(3)
o Whole claim was satisfied before judgment was entered

Question 4

explain the discretionary ground

Answer 4

Court may set aside/vary the DJ if either:
o D has a real prospect of successfully defending the claim; or

o There is some other good reason why:
 The DJ should be set aside/varied; or
 D should be allowed to defence the claim

Question 5

explain ‘some other good reason’

give examples of good reasons and not good reasons

Answer 5

it would be unjust for DJ to stand, i.e.:
o C’s unreasonable conduct
o D didn’t receive claim form (consider: if D would have paid/fought the proceedings, any pre-action correspondence, if lack of awareness is D’s fault)

Not good reasons inc.: high value claim, allegation of fraud

Question 6

explain the ‘prompt’

Answer 6

• In all cases, the court must consider if the application was made promptly (= as soon as reasonable in circumstances (not no delay whatsoever))
• Promptness is a factor of considerable significance
• No excuse to blame delay on legal representative

Question 7

explain the relief from sanctions element

Answer 7

• CoA confirmed an app to set aside a DJ is an app for relief from sanctions.
• this means Denton v White to be applied