The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For guidance, see: Cross border considerations—checklist—Brexit—impact on CPR.
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:
Default judgment—setting aside under CPR 13.3
Default judgment—requirement to set aside promptly under CPR 13.3
Three Court of Appeal decisions in Regione Piemonte v Dexia Crediop Spa (2014), Michele Robinson v Royal Borough of Kensington and Chelsea (2016) and Gentry v Miller, establish that the three-stage test in Denton v White is to be applied to applications to set aside default judgment under CPR 13.3:
Regione Piemonte—this was the first Court of Appeal decision to hold that the three-stage test for determining relief from sanctions under CPR 3.9, as set out in Denton applied to applications to set aside
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