Applying to Set Aside a Default Judgment - Latest Guidance Explained

Introduction

It is always better not to be on the back foot but sometimes in dispute work that is where you 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? If so, which takes precedence?

After a lot of murky water passing under the default judgment bridge, the Court of Appeal has clarified the current test in FXF v English Karate Association (2023).

And is there such a thing as a partial setting aside of a default judgment? This was considered in Marla International v Ready 4s.

Finally, we will consider what is meant by applying to set aside a default judgment 'promptly'. Are weeks acceptable but months not?

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.