How we can help you Set Aside Judgement

Summerfield Browne Solicitors are authorised and regulated by the Solicitors Regulation Authority.

Our setting aside judgement lawyers have vast experience of making application to set judgements aside. Judgement in default can be entered in a wide variety of circumstances, but one of the most common is where the defendant has not filed a valid defence.

In the first instance we will check whether the default judgement is capable of being set aside. If it can our setting aside judgement solicitors may invite the other party to agree to the setting aside of the judgement of default. If this is not successful, then we shall complete the relevant court form, and prepare the evidence in support, and send to the court to issue the application. Once issued we shall serve the claimant with the application to set aside default judgment.

Application to Set Aside Judgement in Default

Civil Procedure Rules 13.2 and 13.3 (which are the court rules) govern the setting aside of default judgements. Applications to set aside judgements in default are made on two grounds:

• The court must allow an application to set aside a default judgment if that judgement has been "wrongly entered" (CPR 13.2).

• In other circumstances, the court has discretion to, and may, set aside a default judgement (CPR 13.3).

How to Set Aside Judgement in Default

To set aside a default judgement, an application to court using the relevant court form should be made. A fee is payable for the application. The application notice should state the grounds for applying to set aside judgement, and whether the application is made under CPR 13.2 or CPR 13.3, or both. A draft of the court order requested should be attached to the application form.

The application must be supported by evidence. The evidence should establish the factual basis for the application and may include:

• Evidence that the defendant did not receive the claim form and/ or the particulars of claim.

• Evidence of defective service.

• Evidence that there are incorrect parties to the proceedings.

• Evidence as to why the defendant allowed a default judgement to be entered.

• Evidence as to why there is any delay in making the application to set aside judgement.

• Details and evidence of why the defendant has a real prospect of successfully defending the claim, or any other reason why the judgement should be set aside or varied, or why the defendant should be allowed to defend the claim.

Why Summerfield Browne

Our setting aside judgement lawyers know that you have to move quickly to set aside judgement in default, otherwise any delay could compromise a subsequent application. Our setting aside judgement solicitors will quickly evaluate your claim, to see if there are grounds to set the judgement aside, and if there are sufficient grounds, then we shall advise you on the best course of action to achieve this.