Default judgment—setting aside under CPR 13.3
Default judgment—setting aside under CPR 13.3

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

  • Default judgment—setting aside under CPR 13.3
  • Self contained regime for setting aside a default judgment
  • Relief from sanctions test in CPR 3.9 applies for setting aside a default judgment
  • Requirements to set aside a default judgment under CPR 13.3
  • Prompt application is required
  • Real prospect of success (CPR 13.3(1)(a))
  • Defendant does not receive the claim form (CPR 13.3(1)(b))
  • What constitutes a good reason (CPR 13.3(1)(b))
  • What does not constitute a good reason (CPR 13.3(1)(b))
  • Setting aside default judgment on the grounds of fraud
  • more

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 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