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

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:

  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 observe