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 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:
Default judgment—setting aside under CPR 13.3
Default judgment—relief from sanctions when setting aside under CPR 13.3
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 observe
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.