Dispute - Application to Set Aside Default Judgement

Question 1

What are the mandatory grounds for setting aside default judgment pursuant to CPR 13.2?

Answer 1

1) The Defendant has filed an acknowledgment of service or defence within the time limits.
2) The Defendant applied for strike out or summary judgment before default judgment was entered.
3) The whole of the claim was satisfied before judgment was entered.

Question 2

What is the time limit for filing an Acknowledgement of Service?

Answer 2

14 days after service of the claim form or the particulars of claim, whichever is the latter.

Question 3

What is the time limit for filing a defence?

Answer 3

1) 14 days after service of the particulars of claim; or,
2) 28 days after service if the claim if the defendant has filed an acknowledgment of service in time.

Question 4

What are the discretionary grounds under which default judgment may be set aside pursuant to CPR 13.3?

Answer 4

1) The Defendant has a real prospect of successfully defending the claim.
2) It appears to the court that there is some other good reason why:-
i) the judgment should be set aside or varied; or,
ii) the defendant should be allowed to defend the claim.

Question 5

What factor will the court have regard to in any discretionary application to set aside?

Answer 5

Whether the application was made promptly.