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

The following Dispute Resolution guidance 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))
  • Example cases where a default judgment was set aside despite delay
  • Example cases where a default judgment was not set aside following delay

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 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