Set Aside Default Judgment Flashcards
1
Q
3 part test to Set Aside a Judgment in Default
(1) (a) (b)
(2)
(3)
A
CPR 13.3
(1)
(a) D has a REAL PROSPECT of Successfully Defending the Claim
(b) There is SOME OTHER GOOD REASON the Judgment should be set aside
(2) Application must be made PROMPTLY
(3) Denton Test
2
Q
What is the 3 part test under ‘Denton’? (reief from sanctions)
A
(1) Was the breach SERIOUS OR SIGNIFICANT
(2) Was there a GOOD REASON for the breach?
(3) ALL THE CIRCUMSTANCES OF CASE
