If you are a claimant with a default judgment which the defendant is seeking to set aside or a defendant needing to apply to set aside a default judgment then our consultant litigation solicitors can help you.
LegalRoad will always set out the potential benefits of clients entering into a form of alternative dispute resolution. Under Civil Procedure Rules 13.3(1) the court can use its discretion to set aside or vary a default judgment if the applicant can show that:
- he (the defendant) or she has a real prospect of successfully defending the claim; or
- it appears to the court that there is some other good reason why
- the judgment should be set aside or varied; or
- the defendant should be allowed to defend the claim.
- importance of applying to set aside quickly
Any application for a default judgment to be set aside must be submitted with supporting evidence and should be made by the defendant as soon as he becomes aware of the judgment. An early application will demonstrate the defendant’s approach to the gravity of a county court judgment and will avoid any potential bias to the claimant who believes that he is in possession of a valid judgment and may be spending additional time and money to enforce the judgment.
If you are a defendant claiming not to have received the claim form and can plainly show that you are not at the address concerned and explain how you became aware of a default judgment against you; then you should write to the claimant or their lawyers to set this out and request that the judgement is set aside. In this instance, as the claimant, it would be precarious to then dispute the necessity to set aside the order and start proceedings again. If the defendant is then forced to apply to the court to set aside the judgement, he may then have a good argument for claiming back his legal costs from the claimant.
If you need advice to apply to set aside a county court judgment or are a claimant where the defendant is threatening to or has applied to set aside your judgment, then we can help you with expert legal advice.