Default judgment—relief from sanctions when setting aside under CPR 13.3
Default judgment—relief from sanctions when setting aside under CPR 13.3

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

  • Default judgment—relief from sanctions when setting aside under CPR 13.3
  • Application of Denton relief from sanctions principles in default judgment cases
  • The Denton three stage test
  • Is the breach in question serious and significant?—first stage
  • iIs there a good reason for the breach?—second stage
  • Considering all the circumstances (includes delay)—third stage
  • Litigants in person
  • Older cases
  • Guidance on relief from sanctions

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. 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 more information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes.

This Practice Note confirms that the relief from sanctions test set out in Denton v White applies when making an application to set aside a default judgment. The Practice Note sets out the test and considers each of the three stages and ow they may be considered when dealing with an application to set aside a default judgment. It also considers the position when dealing with litigants in person.

This Practice Note needs to be considered in conjunction with Practice Notes:

  1. Default judgment—setting aside under CPR 13.3

  2. Default judgment—requirement to set aside promptly under CPR 13.3

Application of Denton relief from sanctions principles in default judgment cases

Three Court of Appeal decisions in Regione Piemonte v Dexia Crediop Spa (2014), Michele Robinson v Royal