Q&As

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 26/09/2018

The following Dispute Resolution Q&A produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?

The judgment creditor must make an application to the court for a variation of the order.

There are two bases on which an application might be made:

  1. where the court makes an order of its own initiative without a hearing, the order must contain a statement of the right of any affected party to make an application to have the order set aside, varied or stayed. Any such application must be made within the period specified by the court or, if no period is specified, within seven days of service of the order

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