Applications to set aside default judgments – a reminder

legal updates

We are all too regularly asked to advise on such matters.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

From time to time a Defendant in litigation will not receive the claim Form from the court.  Or for some genuine reason not be able to provide a defence on time. 

Where a deadline for filing a defence has passed, the Claimant can apply to get automatic judgment against the Defendant – known as “Default Judgment”.

We are all too regularly asked to advise on such matters.  The Defendant can apply to the court (and pay £255) and have a hearing to determine whether the judgment is to be set aside and the Defendant be allowed to present a defence at a full hearing at a later date.  The merits of the reason(s) why the deadline for filing a Defence is missed is at the discretion of the Judge.  HOWEVER, what is NOT at the discretion of the Judge is the need to make the application to set-aside promptly.  That is one specific factor – stated in the Civil Procedure Rules – that the court must accept has happened regardless of anything and everything.

We are presently advising a client who is a Claimant, seeking to resist an application to set-aside by a debtor.  The principal (but not exclusive) reason is that the application was made three months after the judgment was given in default.  What is worse for that debtor is that he told the court he had received the claim – got the automatic 14 day extension to submit a defence – yet still did not do so.  In fact, he simply never did and now only makes his application to set-aside because the High Court Sheriff has turned up at the door.

If his application succeeds I will do a live video of me eating my hat!

HR ManagerSo simple even a child could use it

HR Manager is designed to assist employers manage their legal obligations in relation to Employment Law, Human Resources, Health & Safety and Data Protection. Fully utilising HR Manager will demonstrate best practice, assist in the meeting of legal obligations and show due diligence.

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

The law is not an exact science

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

A reasonable price to be paid for a service

The defendant paid only a portion of the invoice, promising to pay the remainder in good time, and took the vehicle.

It’s official – the Civil Procedure Rules are no longer “New”!

One might reasonably ask oneself: “Why is any of this of interest to me?”

Can an entire family bring court proceedings for an alleged defective car?

Luckily the Ruffles’ family dog didn’t turn up either as no doubt Pooch would have been allowed a woof on the witness stand too!

The court finds car dealer partly liable for damage caused by the removal of a sticker!

Due to COVID-19, the court held an Early Neutral Evaluation, a 30-minute telephone assessment of each party’s position.

Introduction of Small Claims Paper Determination Pilot Scheme

If you receive or issue a court claim which is subject to the pilot scheme, preparation of your claim or defence and statements will be crucial.

The real difference between claims under and over £10k

Litigation isn’t always just about having a strong argument, there are many factors that can help you win a case and reduce your risk.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.