Applying to Set Aside a Default Judgment - Latest Guidance Explained
Type |
Speaker
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CPD Hours | Level |
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Learn Live | 1.25 | Update |
Course Outline
Introduction
It is always better not to be on the back foot but sometimes in dispute work you just are.
Where a judgment has been entered against the defendant in default of its acknowledgment of service or a defence, what response can the same defendant make?
Does CPR 13.3 set the sole test for a default judgment to be set aside, or do the Denton relief from sanctions considerations under CPR 3.9 also come into play?
After a lot of murky water passing under the default judgment bridge, the Court of Appeal has recently clarified the current legal position in FXF v English Karate Association (2023), but what of the practicalities?
And is there such a thing as a partial setting aside of a default judgment? This was considered in Marla International v Ready 4s, although at (very) first instance.
What You Will Learn
This live and interactive session will cover the following:
- Defendants - what tests must you satisfy to have a default judgment set aside, and when? What are your chances?
- Claimants - how can you effectively resist a defendant’s attempt to get a ‘second bite’ at defending the claim once spurned?
- Both sides in litigation - are securing default judgments more trouble than they are worth? We will look at some illustrations.
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.
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Learn Live | 14.11.2024
N/A | 1:30pm - 2:45pm
Applying to Set Aside a Default Judgment - Latest Guidance Explained
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Nov
14 2024 |
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