Default judgment—general principles for setting aside
Default judgment—general principles for setting aside

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Default judgment—general principles for setting aside
  • Bases for setting aside a default judgment
  • When the court must set aside—CPR 13.2
  • When the court may set aside—CPR 13.3
  • Application to set aside a default judgment
  • Provision of a draft defence
  • Conditions imposed when setting aside judgment
  • Transfer of proceedings to the defendant’s home court
  • Restoration of any abandoned claims
  • Does the court have jurisdiction to consider a second application to set aside default judgment?
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when considering the use of default judgments:

  1. changes to CPR 12 and CPR 13 dealing with default judgments have been set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 and will come into force on exit day. For information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes

  2. the impact of Brexit on service, see Practice Notes: Brexit—service of documents and No deal Brexit—service of documents

Where the claimant has already obtained a default judgment, the defendant may still wish to defend the claim. To do so, the default judgment will have to be set it aside. This Practice Note considers the provisions in CPR 13 dealing with the setting aside or varying of a default judgment entered under CPR 12.

For information on obtaining a default judgment, see Practice Notes: Default judgment—general principles and Default judgment—application or request—application or request.

Bases for setting aside a default judgment

There are two bases for setting aside a default judgment:

  1. CPR 13.2—sets out the circumstances in which the court must set aside the default