Setting Aside Default Judgment (CPR 13)

Question 1

What are the two grounds for setting aside Default Judgment?

Answer 1

1. Mandatory – Judgment entered incorrectly (e.g. before deadline expired).
2. Discretionary – Defendant has a real prospect of defence or some other good reason​

Question 2

What factors does the court consider under CPR 13.3?

Answer 2

Merits of defence.
Promptness of application.
Whether failure to respond was intentional/excusable

Question 3

What is the procedure for setting aside default judgment?

Answer 3

Application (N244) + Witness Statement.

Must be made promptly.

Court considers procedural fairness and merits of defence.