Default judgment—requirement to set aside promptly under CPR 13.3

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

  • Default judgment—requirement to set aside promptly under CPR 13.3
  • Requirement to make a prompt application (CPR 13.3(2))
  • What time period will the court consider?
  • Setting aside a default judgment while disputing the court’s jurisdiction
  • Pre-action time period
  • Old authorities
  • Example cases where a default judgment was set aside despite delay
  • Example cases where a default judgment was not set aside following delay

Default judgment—requirement to set aside promptly under CPR 13.3

This Practice Note considers the requirement under CPR 13.3(2) for the defendant to make a prompt application to set aside a default judgment. The Practice Note explains that this is a significant factor that the courts will take into account when deciding the application. The Practice Note also identifies decisions in which either a default judgment was or was not set aside despite a delay in making the application.

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

  1. Default judgment—setting aside under CPR 13.3

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

Requirement to make a prompt application (CPR 13.3(2))

A defendant is required to make a prompt application to set aside a default judgment. While this is just one factor that the court will take into account when considering the application, it is a significant factor. Moore-Bick LJ in the Court of Appeal in Standard Bank v Agrinvest observed:

‘The Civil Procedure Rules were intended to introduce a new era in civil litigation, in which both the parties and the courts were expected to pay more attention to promoting efficiency and avoiding delay. The overriding objective expressly recognised for the first time the importance of ensuring that cases are dealt with expeditiously and fairly and it is in that context that one finds

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