Drafting note for application notice for an order setting aside default judgment

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

  • Drafting note for application notice for an order setting aside default judgment

Drafting note for application notice for an order setting aside default judgment

This Precedent gives guidance on how to complete Form N244 making an application to set aside judgment in default on the grounds the defendant has a real prospect of defending the claim/there is some other good reason why the judgment should be set aside or varied. It includes details regarding the need for and duration of any hearing, who should hear the application and service of the application notice.

The underlying guidance on setting aside a default judgment is set out in Practice Notes: Default judgment—general principles for setting asideSetting aside default judgment under CPR 13.3.

Introduction

The application should be made using Form N244 (Form N244 (CC) if in the Commercial Court).

Application notice (Form N244)

Application notice—Commercial Court (Form N244(CC)) (Word)

General points

These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC).

The form should be filled in with the details of the court proceedings.

Question 3 of the application notice—order

Set out the order you require.

It is important to reference the specific rule under which the application is brought ie CPR 13.2 (mandatory setting aside) or CPR 13.3 (discretionary setting aside). It is possible to bring an application in the alternative, see Practice Note: Default judgment—general principles for setting aside—Alternative applications under CPR 3.12 and CPR 13.3.

Examples of

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