2. Responding to a Claim

Question 1

Three options of defendant

Answer 1

• file or serve an admission (CPR 14);
• file a defence (CPR 15)

(or do both, if it admits only part of the claim); or

file an acknowledgment of service (CPR 10). This is the step to be taken if the defendant is unable to file a defence within the period initially allowed, or if it wishes to dispute the court’s jurisdiction (CPR 10.1).

Question 2

Why acknowledge service?

Answer 2

The defendant will file an acknowledgment of service either:

• if it is unable to file the defence in time and needs longer than 14 days from the deemed date of service of the particulars of claim in which to serve a defence; or
• if it wishes to dispute that the court has jurisdiction to hear the claim.

In practice, it is common for the defendant to acknowledge service as the defence will often require finalising, with further instructions from the client and possibly some additional investigation being necessary.

It is still possible to file the defence (once it is ready) earlier than the extended deadline provided by acknowledging service. Filing the acknowledgment of service first will not therefore cause any unnecessary delay to the claim.

Question 3

When to acknowledge service

Answer 3

The general rule is that the period for filing an acknowledgment of service is:

• where the defendant is served with a claim form which states that the particulars are to follow, 14 days after service of the particulars of claim; and
• in any other case, 14 days after service of the claim form (CPR 10.3).

Acknowledging service is not a compulsory step in a claim and, if appropriate and the defence is ready, the defendant could choose to defend instead straight away.

Note: In specialist divisions, the procedural rules can be different so it is important to check any specialist court guides or rules.

Question 4

How to acknowledge service

Answer 4

The form for acknowledging service (Form N9) is sent to the defendant in the response pack.

The acknowledgment of service form is a simple form in which the defendant confirms their name is correctly stated on the claim form and gives their address for service of documents.

The defendant will also indicate, by ticking the appropriate box on the form, whether they intend to defend all or part of the claim, or whether they intend to contest the jurisdiction of the court to deal with the matter.

Question 5

Deadlines for defence and acknowledging service

Answer 5

Filing an acknowledgment of service extends the time for filing a defence (CPR 15.4):

• If the defendant does not file an acknowledgment of service, it must file and serve a defence within 14 days of the deemed date of service of the particulars of claim.
• If the defendant does file an acknowledgment of service indicating an intention to defend the claim, it extends the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim.

Question 6

After acknowledging service

Answer 6

Once the defendant has filed an acknowledgment of service, the court will notify the claimant in writing that this has been done (CPR 10.4), and the defendant’s solicitors will often notify the claimant / claimant’s solicitors directly as well.

The parties will now be able to calculate and diarise the deadline for the filing and service of the defence:

• Defendants need to ensure that the defence is ready and filed by this date (or take further action to extend this deadline if it is not).
• Claimants need to be ready to apply for judgment in default if the deadline expires and no defence is filed and served.

Question 7

When to defend

Answer 7

A defendant contesting a claim must file a defence which sets out why the claim is disputed. A defence must be filed at court and served on all parties (CPR 15.6) within the prescribed time limits, as set out above (CPR 15.4(1)).

In certain circumstances, a longer period for filing a defence might apply (CPR 15.4(2)):

• where the claim form has been served out of the jurisdiction, longer periods apply depending on which other country is involved (see CPR 6.35/36);
• where a defendant makes an application disputing the court’s jurisdiction, the defendant need not file a defence before the hearing of that application;
• where, before the defence is filed, the claimant applies for summary judgment, the defendant need not file a defence before the hearing of that application (CPR 24.4(2)); and
• where the court makes an order for service of a claim form on an agent of a principal who is overseas, the court will specify the period (see CPR 6.12).

Question 8

Extending time to serve defence

Answer 8

The defendant and claimant can agree an extension of time for serving the defence of up to 28 days (CPR 15.5), if (for example) the defendant needs more time to prepare the defence.

This means that it is possible for the defendant to have up to 56 days from the deemed date of service of the particulars of claim to file the defence without having to apply to the court for permission to extend the time for service.

If an extension of time is agreed, the court must be notified in writing (but no application to court is required).

Question 9

Applications to court for extension of time to serve defence

Answer 9

It is not possible for the parties to agree an extension of more than 28 days. In this situation, the defendant will need to apply to the court for a longer extension to be granted. Similarly, if a claimant refuses to agree an extension of up to 28 days in accordance with CPR 15.5, the defendant will need to apply to the court for an order allowing an extension of time.

The court will ensure that the overriding objective is furthered in deciding whether to grant an extension of time. The reasons for the extension being needed and the impact of the extra time on the conduct of the claim will be relevant to the court’s decision.

Response of ‘money paid’

If the defendant is served with a claim for a specified amount of money (eg a debt claim), but has already paid the claimant before receiving the claim, they will respond to the claim with a defence which states that the debt has already been paid.

The rules provide a simple procedure to deal with the claim in this situation (CPR 15.10):

• When the court receives this type of defence, it sends a notice to the claimant which, in effect, asks the claimant whether the defence is correct.
• The claimant must respond within 28 days and the claim is stayed if they do not do so.
• Whatever their response, the claimant must serve a copy of it on the defendant.
• If the claimant does not wish to continue that is the end of the case.
• If the claimant does wish to continue (because they do not agree that the debt has been paid or because, for example, they still wish to recover interest and costs) the claim will proceed as a defended claim.

Question 10

Admitting the claim

Answer 10

Just as when advising a claimant client who has instructed you on a new claim, if instructed by a defendant to a claim, you will conduct case analysis based on your client’s instructions and advise your client on their chances of succeeding in defending the action.

If the defendant does not wish to dispute the claim, or has been advised as a matter of law they have no defence to the claim and cannot dispute the claim, they may respond to the particulars of claim by admitting either the whole or part of the claim.

Admissions are dealt with in CPR 14 and PD 14. At the same time as admitting a claim, the defendant might also ask for time to pay.

How and when to admit the claim

The admission form is contained in the response pack sent to the defendant with the particulars of claim. There are different versions depending upon whether the claim is for a specified amount (Form N9A), or is a claim for an unspecified amount, non-money or return of goods (Form N9C).

A defendant wishing to admit the whole or part of a claim completes the relevant admission form and sends this to the court (or to the claimant directly if admitting a specified claim in full) within 14 days of deemed service of the particulars of claim.

Question 11

Admitting specified claims

Answer 11

If a claim for a specified sum is admitted, the amount of money that needs to be paid is already known. Interest can also be calculated to the date of payment, the court fees are known and fixed court costs will apply, so there are no obstacles to a prompt determination of the amount of the claim.

The defendant may admit the whole claim for a specified amount of money (CPR 14.4) or only part of the claim (CPR 14.5).

The defendant will indicate, on Form N9A, whether the whole, or only part of the claim is admitted.

Except where one of the parties is a child or protected party, the claimant will have the right to enter judgment against the defendant for the admitted sum, which will also include interest.

Admitting the whole of a specified claim

[Diagram marked “ If the whole of a specified claim is admitted, the exact amount due can be calculated immediately.”. Diagram shows:

Particulars of claim served.

Claim admitted in full.

Judgment amount known (debt; court fees; interest; fixed costs]

Question 12

Admitting unspecified claims

Answer 12

If a claim for an unspecified sum is admitted, quantum ie the amount of money that needs to be paid, and the amount of interest, is not yet known. Liability might now be resolved but quantum needs to be decided before the defendant knows the amount they will pay.

The defendant may admit liability to pay the whole claim for an unspecified amount of money (CPR 14.6) or may admit liability and offer a sum in satisfaction of the claim (CPR 14.7).

The defendant will indicate, on Form N9C, which of these options they are taking and, if offering a sum in satisfaction, will state the sum offered.

• If the whole claim is admitted, following a request being made by the claimant, the court will enter judgment for an amount to be decided later by the court and costs.
• Except where one of the parties is a child or protected party, the claimant will have the right to enter judgment against the defendant for any amount offered in satisfaction, if accepted by the claimant, or for an amount to be decided later by the court (and costs).

[Diagram marked “If the whole of an unspecified claim is admitted, judgment on liability can be given. This disposes of liability only and there will be a subsequent hearing and judgment determining quantum” Diagram shows:

Particulars of claim served.

Claim admitted in full.

Judgment on liability; quantum still to be decided.]

Question 13

Entering judgment following the claim being admitted

Answer 13

The claimant will be notified of an admission and has the option to enter judgment against the defendant. A judgment is a ‘final order’ which disposes of the claim. (In unspecified claims, quantum will still need to be determined.) Judgment indicates that the claimant is, either completely or to some extent, the successful party. Claimants, therefore, will ordinarily prefer to have a judgment entered.

Defendants usually prefer not to have a judgment against them to avoid the possibility of enforcement proceedings, and because most judgments for money will be placed on a public, searchable register (the Register of Judgments, Orders and Fines) for a period of six years, which can have an impact on an individual’s credit rating.

Depending on the parties’ views (and bargaining positions), they might decide to conclude an admitted claim by way of settlement instead of entering judgment, using an order that stops short of a judgment, such as a Tomlin Order, or by the claimant agreeing to withdraw the claim. If a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim, it is unlikely that a judgment will also be entered.

Question 14

The amount of the judgment

Answer 14

In specified claims, the judgment will comprise:

• the amount of the claim / debt including interest to the date of issue of the claim;
• interest since the date of issue (using the daily rate from the particulars of claim);
• court fees (ie issue fee as shown on the claim form); and
• fixed costs as set out in CPR 45 – there will be an amount of fixed costs as shown on the claim form and an additional amount to be added on entering judgment.

Credit will be given for any amounts paid by the defendant, leaving a net balance due.

In unspecified claims, the judgment will be on liability only, so there will be no amount of damages recorded. Instead, the matter will be listed for a subsequent hearing where evidence will be heard on the issue of quantum and the judge will hand down a judgment recording the amount due, including interest and provision for costs.

Section 35A Senior Courts Act 1981 / section 69 County Courts Act 1984 provide the court with the power to award simple interest on debts due where eg there is no other provision (such as a contractual term) allowing for interest to run.

Question 15

How to enter judgment following a claim being admitted

Answer 15

Once the claimant has established that they are entitled to judgment, entering judgment for a specified sum following an admission is an administrative process. There will be no judicial involvement and the claimant simply files the correct paperwork which will be processed by the court staff. There is no hearing.

The claimant completes a request for judgment and reply to admission form within 14 days of receiving notice of the admission. On this form they will indicate the judgment amount, including interest, court fees and fixed costs, as well as the amount of any payments made by the defendant.

Question 16

Admitting the claim - conclusion

Answer 16

On receipt of the request for judgment, the court staff will enter judgment and send this to the parties.

Once judgment is entered following the admission and the amount payable has been determined, the claim is effectively concluded.

Unless otherwise agreed or stated on it, the judgment is payable by the defendant within 14 days (CPR 40.11). Enforcement proceedings can be taken against the defendant to secure payment of any sums outstanding after this time.

Question 17

Counting time

Answer 17

Rule 1. Clear days – day on which period begins

Under the CPR, any reference to a number of days (such as “The general rule is that the period for filing a defence is 14 days after service of the particulars of claim”) means ‘clear days’ as defined by the rules.

Firstly, the day on which a period begins is never included so you would always start counting on the following day – you might find it useful when counting to call the day on which a period begins ‘day zero’ and start counting ‘day one’ from the following day.

When counting the 14 days, you do not count the day on which the period begins ie the day on which the particulars of claim are served. So, if the particulars of claim are served on Tuesday, “day one” for the purposes of counting time is on Wednesday.

Rule 2. Clear days – end of period defined by reference to an event

Secondly, if the end of the period is defined by reference to an event (for example, a hearing or trial), the day on which that event occurs is not included.

Rule 3. Clear days – days which do not count

Thirdly, where the specified period is 5 days or less, any Saturdays, Sundays, Bank Holidays, Christmas Days or Good Fridays in the time period do not count.

Rule 4. Deadlines on days on which the office is closed

The fourth and final rule is that:

a. Where a deadline relates to doing any act at the court office (such as filing a document at court); and

b. Applying the first three rules explained in this element, the deadline for doing that act ends on a day on which the court office is closed:

Then the act is treated as on time if done on the next day on which the court office is open.

Question 18

Defence – purpose

Answer 18

The defence is the document in which the defendant sets out its case.

It is the defendant’s response to the particulars of claim. It is filed at court and served on the other parties.

The purpose of the document is to:

• React to every point or allegation in the claimant’s particulars of claim; and
• State full details of the defendant’s own case.

Each allegation in the particulars of claim must be dealt with individually.

Question 19

Defence contents – general

Answer 19

As the defence is a response to the particulars of claim, the structure of the substantive defence content will naturally follow how the claimant has pleaded its claim, with any additional defence points being incorporated where appropriate.

Every defence must include the defendant’s address for service in the jurisdiction (unless an acknowledgment of service has already been filed) (CPR 16.5(8)), and also indicate where the defendant resides or carries on business if the claim form does not contain such information.

There are also some miscellaneous points that must be included in the defence, specific to particular issues, which will be dealt with later in this element.

The defendant can do one of three things in relation to each allegation made by the claimant (CPR 16.5(1)):

• Admit the allegation;
• Deny the allegation; or
• Require proof of the allegation.

If the defendant admits the allegation, the claimant does not have to bring any further evidence in support of it.

A party should admit anything that is not disputed or non-controversial in order to narrow the issues and save costs and time. There can be costs consequences of not admitting something when you should have done so (CPR 44.2(5)(b)).

Denials are used to dispute any facts which, if they had occurred, would have been within the defendant’s knowledge.

If a defendant denies an allegation it must give reasons. If it wishes to put forward a different version of events, it must state its version in the defence (CPR 16.5(2)). It is not acceptable to make a ‘bare denial’, ie to deny an allegation without giving reasons.

A denial will have the effect that the claimant will have to prove the allegation.

A defendant can require proof if the defendant is unable to either admit or deny the allegation, because the fact that is alleged is something about which the defendant does not know. The defendant therefore asks the claimant to prove the allegation.

Sometimes it can be easy to confuse whether you should deny or require proof of an allegation. The way to answer this is to ask yourself what direct knowledge of the facts alleged your client could have had.

Question 20

Defence contents – failing to deal with an allegation

Answer 20

It is important to make sure that every allegation in the particulars of claim is dealt with in the defence. Keep in mind that sometimes the same paragraph of the particulars of claim might include more than one allegation, each of which might need responding to differently in the defence.

Consequences for failing to deal with an allegation

• If the defendant omits to deal with any allegation made by the claimant, the defendant will be deemed to admit it, unless it has set out its own case in respect of that allegation, in which case it will be deemed not to admit it, ie to require the claimant to prove it (CPR 16.5(3) and (5)).
• In a money claim, however, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it (CPR 16.5(4)). It is still good practice to ensure that every allegation set out in the particulars of claim is dealt with in the defence.

Question 21

Defence contents – specific

Answer 21

Limitation: this is a defence to a claim - it is not (perhaps surprisingly) a bar to the claim being brought. If the defence of limitation is being raised, the defendant must state the date on which the limitation period is deemed to have expired (16 PD 13.1).

Disputing the statement of value: a defendant may dispute the claimant’s valuation of the claim. If so, the defendant must state why it disputes it, and what it estimates the value to be (CPR 16.5(6)).

In personal injury claims, the defendant must state whether it agrees, disputes or has no knowledge of the matters in the schedule of past and future expenses and losses, and any medical report included with the particulars, giving reasons and its own counter-schedule and (if relied upon) medical evidence (16 PD 11).

Defence contents – specific (continued)

Any matters to do with mitigation or reduction of damages must also be stated.

Set-off: The defendant may claim he is owed money by the claimant, and may wish to rely on this as part of his defence to the claimant’s claim. The defendant is effectively saying ‘I don’t owe you X, because you owe me X, and the two cancel each other out’. If the defendant is able to and wishes to rely on a defence of set-off, it must be set out in the defence.

Other defences: The defence must also specifically set out any matter which is a defence to the claim or raises issues of fact not included in the claim eg fraud or illegality.

Any human rights arguments relied upon / relief sought (16 PD 15) must be included in the defence.

A defendant might also make a counterclaim against a claimant, and if it does so, the defence and counterclaim should normally form one document with the counterclaim following on from the defence. Counterclaims are considered in detail in another element.

Question 22

Defence – standard structure

Answer 22

One of the best ways to structure a defence is to respond point by point to the allegations in the particulars of claim, weaving your client’s instructions into that structure. As with the particulars of claim, there are some standard paragraphs and wording that will almost always be included when doing this:

If the claimant has used any ‘defined terms’ in the particulars of claim it is usual to open the defence by adopting these so consistent terminology can be used throughout the statements of case eg “The definitions used in the Particulars of Claim are adopted”

The first paragraph of the particulars of claim is usually the introduction of each party. This should not be controversial and therefore can usually be admitted in the defence eg “Paragraph 1 of the Particulars of Claim is admitted”

The allegations in the particulars of claim will be admitted, denied or put to proof eg “Paragraph 6 of the Particulars of Claim is denied [a reason and alternative version would be given]. The claimant is required to prove Paragraph 7 of the Particulars of Claim. “

At or near the end of a defence a paragraph often referred to as a ‘general denial’ is usually included. This denies the entitlement of the claimant to the sum, or any part of the sum, being claimed eg “In the circumstances, it is denied that the Claimant is entitled to the amount claimed or any amount”.

As with all statements of case, the defence will start with the case heading at the top, and will end with a statement of truth.

Question 23

Reply – purpose, content and structure

Answer 23

A reply is an optional statement of case served by the claimant.

It purpose is to allege facts in answer to the defence which were not included in the claim (CPR 15.8) – the contents will therefore be factual allegations which answer ‘new’ points raised in the defence. There is no particular structure for a Reply.

Example: A retailer brings a claim against a purchaser for failing to pay for the purchased goods. The particulars of claim set out the material terms of the contract, and state when the goods were delivered and that payment has not been made. The defence admits all of the above but alleges that the goods were defective on delivery and therefore the defendant is not obliged to pay for them. The defence details the alleged defects.

In those circumstances, the claimant may wish to file a reply responding to the alleged defects: this is not something which has been addressed in the particulars of claim, and it may well be useful for the court and the parties to know the claimant’s position in relation to the alleged defects.

Reply – when to file

• When to file a reply

Replies are not filed in every case but, if there is one, it should be filed with the directions questionnaire (the directions questionnaire is a case management document which the court directs should be filed after a claim is defended. Parties are given at least 14 days’ notice of the deadline for doing this)(15 PD 3.2A).

This time limit is different in some specialist proceedings (eg Commercial Court claims) so it is necessary to check the relevant rules and court guides if dealing with a specialist claim.

• Last statement of case

The reply should be the last statement of case in a claim and permission of the court is needed to file any statement of case after the reply (CPR 15.9).

Question 24

What is default judgment?

Answer 24

Key word: Default judgment means applying for judgment to be granted in the claimant’s favour without a trial if the defendant has not responded to the claim by either serving an acknowledgment of service or a defence within the prescribed time limits (CPR 12.1). It is also referred to as judgment in default ie in default of the defendant doing something.

If the claimant is successful in its default judgment application, the claimant has won the case. It is therefore very important to calculate time limits accurately when filing documents. There are some types of claim in which default judgment may not be obtained (CPR 12.2):

• claims for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974
• Part 8 claims
• any other claims where a practice direction provides that the claimant may not obtain default judgment.

Question 25

What must the claimant show to obtain default judgment?

Answer 25

The conditions the claimant must satisfy are (CPR 12.3):

• At the date on which judgment is entered, time has expired for filing an acknowledgment of service (and the defendant has not filed either an acknowledgment of service or a defence) or time has expired for filing a defence (where the defendant has filed an acknowledgment of service but not a defence).
• The claim has not been admitted or satisfied by the defendant.
• No application for summary judgment or strike out has been made has been made by the defendant.

Question 26

What is the difference between default judgment and strike out?

Answer 26

The court has the power to strike out a statement of case (CPR 3.4). Strike out focuses on a statement of case and so covers cases which do not amount to a legally recognisable claim or defence. Default judgment covers cases where the defendant has failed to respond to the claim and does not look at the contents of the statement of case.

Question 27

What is the difference between default judgment and summary judgment?

Answer 27

Default judgment is the consequence of the defendant failing to respond to a claim. Default judgment is therefore procedural: if a defendant fails to file an acknowledgment of service and/or a defence in accordance with the CPR time limits, the claimant can apply for default judgment. The court does not consider the merits of the case when ordering default judgment. In contrast, summary judgment covers cases which are weak on the facts, so the court will consider the merits of the case.

Question 28

Procedure for obtaining default judgment

Answer 28

Provided the conditions mentioned on previous pages are satisfied (CPR 12.3):

Money claims – specified sum>The claimant may file a REQUEST for judgment on the specified form and the application will be dealt with on paper. The court will make a judgment for the amount sought, fixed costs and interest accrued to the date of judgment.

Money claims – unspecified sum>The claimant may file a REQUEST for judgment on the specified form and the application will be dealt with on paper. The court will enter a judgment for a sum to be decided by the court and will set a timetable leading up to a hearing at which the court will decide that sum.

Non-money claims>Non-money applications for default judgment (together with a small number of other claims, which are beyond the scope of this element) cannot be decided on paper. Instead the claimant must APPLY for a default judgment hearing to be listed at which the court will hear from the claimant as to why default judgment should be granted and what judgment should be given. The court will then give whatever judgment it considers appropriate.

Question 29

Interest

Answer 29

A default judgement on a claim for a specified amount of money may include the amount of interest claimed to the date of judgment (CPR 12.7) provided:

• The particulars of claim include details of the interest (as required by CPR 16.4);
• Where statutory interest is claimed (under s.35A of the Supreme Court Act 1981 or s.69 of the County Courts Act 1984), the rate is no higher than the rate of interest payable on judgment debts at the date when the claim form was issued; and
• The claimant’s request for judgment includes a calculation of the interest claimed to the date of the request for judgment.

In any other case, the amount of interest will be decided by the court.

Question 30

Claim against more than one defendant

Answer 30

A claimant may obtain a default judgment against one of two or more defendants and proceed with the claim against the other defendants if the claim can be dealt with separately from the claim against the other defendants (CPR 12.9). Sometimes the claim cannot be dealt with separately eg where the claim against the two defendants is ‘in the alternative’, meaning the claimant alleges one (and only one) of the defendants is liable, but does not know which. The success of one claim and the failure of the other go hand in hand, so they cannot be dealt with separately. So the court will deal with the application for default judgment against one defendant at the same time as it disposes of the claim against the other defendants – quite possibly at trial.

Question 31

Setting aside default judgment

Answer 31

A default judgment can be set aside on an application by the defendant or by the court of its own motion (CPR 13.2 or 13.3). The purpose of the provision to set aside is to avoid injustice.

An application to set aside judgment will usually need to be determined at a hearing, unless the claimant consents to the judgment being set aside.

Setting aside default judgment

There are two types of cases for setting aside default judgment:

Cases where the court must set aside judgment (CPR 13.2)> If judgment was wrongly entered> Reasons:

• The time limit for acknowledging service or serving a defence has not, in fact, expired when judgment was entered; or
• An acknowledgment of service or defence had, in fact, been filed on time; or
• Summary judgment or strike out had been applied for before judgment was entered; or
• The defendant had, in fact, satisfied the whole of the claim before judgment was entered or admitted the claim or required time to pay.

Cases where the court may set aside judgment (CPR 13.3)> If judgment was correctly entered>Reasons the court may exercise its discretion:

• The defendant has a real prospect of successfully defending the claim; or
• It appears to the court that there is some other good reason why judgment should be set aside or varied or the defendant should be allowed to defend.

Cases where the court ‘may’ set aside

This is an application which must be supported by evidence.

If relying on ‘a real prospect of success’, it is not enough for the defendant to show an ‘arguable’ defence. The defendant must show that it has ‘a real prospect of successfully defending the claim’. In assessing prospects of success, the court must not conduct a mini trial, but neither should it accept everything in the defendant’s witness statement without analysis.

If relying on ‘some other good reason why judgment should be set aside’, examples of a good reason might be that the claimant lulled the defendant into believing a claim was not forthcoming, the claimant failed to serve a response pack, or the claim raises issues which should be given a full and fair hearing in the public interest.

‘May’ set aside provides the court with a discretion and therefore it must act in accordance with the overriding objective.

Question 32

Delay

Answer 32

The court must also consider how promptly the defendant made its application to set the judgment aside (CPR 13.3(2)). The need to comply with time limits and to act promptly is an important feature of the CPRs.

Court’s approach to setting aside: relief from sanctions and Denton

An application to set aside a default judgment where the court has discretion to set aside is an application ‘for relief from any sanction’ (CPR 3.9). Therefore, the tests for relief from sanctions laid down in Denton and others v TH White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Limited v Davies and others [2014] EWCA Civ 906 (collectively known as Denton) are also relevant.

See the element on sanctions and relief from sanctions for more information.

Order

The court may set aside default judgment with conditions attached, eg that the defendant pays the claimant’s costs of the hearing.