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Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?

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Last updated on 19/05/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?

Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?

For information on the criteria for setting aside a default judgment and factors the court will take into account, we refer you to our Lexis®PSL Dispute Resolution Practice Notes: Obtaining default judgment—general principles and Setting aside default judgment under CPR 13.3. In particular:

  1. applications to set aside default judgment are governed by CPR 13

  2. the court must set aside default judgment in the circumstances set out in CPR 13.2. This is where the default judgment has been incorrectly or irregularly obtained, ie when the defendant can show he has filed the acknowledgement of service or defence (as appropriate) on time

  3. the court has a discretion to set aside or vary default judgment in

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Key definition:
Default judgment definition
What does Default judgment mean?

A judgment without trial where a defendant has failed to file an acknowledgment of service or failed to file a defence. A default judgment can be set aside.

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