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 provisions in CPR 3.13, which is a self-contained regime for the variation and setting aside of a default judgment. The application is made by the defendant who is required to make it promptly. The burden is on the defendant to show that either it has a real prospect of success or that there is some ‘other good reason’ for the default judgment to be set aside. When seeking to set aside a default judgment the three-stage test for determining relief from sanctions under CPR 3.9, as set out in Denton, applies. A default judgment may be set aside on the grounds that it was obtained by fraud. The Practice Note also considers the application of the provisions in CPR 3.9 dealing with relief from sanctions and their interaction with the provisions in CPR 13.3.
This Practice Note must be read in conjunction with Practice Notes:
Default judgment—requirement to set aside promptly under CPR 13.3
Default judgment—relief from sanctions when setting aside under CPR 13.3
In certain circumstances, the court must set aside a default judgment ie the court has no discretion. Those circumstances are set out in CPR 13.2, see
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