Setting Aside Default Judgment in UK Law

Leading Cases
  • Alpine Bulk Transport Company Inc. v Saudi Eagle Shipping Company Ltd
    • Court of Appeal (Civil Division)
    • 01 Julio 1986

    In our opinion, therefore, to arrive at a reasoned assessment of the justice of the case the court must form a provisional view of the probable outcome if the judgment were to be set aside and the defence developed. The "arguable" defence must carry some degree of conviction.

  • Kojima v HSBC Bank Ltd
    • Chancery Division
    • 22 Marzo 2011

    In my judgment once the court has finally determined a case, or part of a case, considerations of the type first identified by Patten J in Lloyds v. Ager-Hanssen will generally be displaced by the much larger, if not indeed overriding, public interest in finality, subject of course to the dissatisfied party's qualified right of appeal.

    Leaving aside default judgments, with their self-contained regime for setting aside, I consider that a line has to be drawn between orders for which revocation may be sought under Part 3.1(7) upon the alternative grounds first identified in Lloyds v. Ager-Hanssen and approved in Collier v. Williams on the one hand, and final orders, to which the public interest in finality applies, on the other.

  • Evans v Bartlam
    • House of Lords
    • 30 Abril 1937

    One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.

  • Regione Piemonte v Dexia Crediop Spa
    • Court of Appeal (Civil Division)
    • 09 Octubre 2014

    The court is engaged in an exercise of weighing delay against merits, which will include considering the nature and extent of the delay, the reason and any justification for it, the strength of the supposed defence and the justice of the case. That is not to say that a real or even a good case on the merits will usually lead to the judgment being set aside despite significant delay since delay is now a much more potent factor than heretofore.

  • Standard Bank Plc v Agrinvest International Inc. and Others
    • Court of Appeal (Civil Division)
    • 08 Diciembre 2010

    In considering whether to set aside or vary the judgment, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

  • Tavoulareas v Tsavliris and Others
    • Queen's Bench Division (Commercial Court)
    • 12 Octubre 2005

    These two arguments advanced by Mr Irvin did not, it appears, greatly impress David Steel J, who saw "great force" in the claimant's submissions on these points. He said that it was understandable that an application for an injunction was not immediately pursued, given Mr Tsavliris' expressed intention to petition for leave to appeal: in the absence of a successful appeal, it might reasonably have been inferred, the Greek proceedings would be abandoned.

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Legislation
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... “summary judgment” is to be interpreted in accordance with Part ... Rule 3.5 . . . Setting aside judgment entered after striking out . Rule ... order has effect unless the party in default applies for and obtains relief from the sanction. ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... under paragraph 49 of Schedule B1 ( 23) setting out proposals for achieving the purpose of an .... (7) A former administrator who makes default in complying with this rule is guilty of an .... Power of court to set aside certain transactions entered into by liquidator . ... procedure in lieu of or before any judgment being given or award being made; and . (b) ......
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
    ...... Court, and when an Action is referred, Judgment, if so ordered, may be entered. according to the ... the Production of Documents, enforcing or setting aside the Award, and otherwise, as upon a ... there shall be endorsed a Notice that in default of Appearance the Plaintiff may, besides ......
  • County Court Rules 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ....... 27. Attachment of earnings. . 28. Judgment summonses. . 29. Committal for breach of order .... 37. Rehearing, setting aside and appeal from registrar. . 38. Costs. . ... (a) the summons in a default, fixed date or admiralty action, or . (b) in ......
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Books & Journal Articles
  • The Enforcement of Foreign Judgments in Nigeria: Scope and Conflict of Laws Questions
    • Nbr. , February 2015
    • African Journal of International and Comparative Law
    • 129-143
    ...... Thus a judgment (inclusive of a commercial arbitral award), ... Aside from the local statutes, 1958 Ordinance and the ...On appeal, the Court of Appeal, in setting aside the judgment of the High Court, held that .... . Thus interim or interlocutory and default judgments that do not finally and conclusively ......
  • Divisional Court Cases
    • Nbr. 31-4, October 1967
    • Journal of Criminal Law, The
    ......The first judgment was given by Widgery J. who after referring ... forfeit £50 of her recognizances or in default to undergo a further month's imprisonment. On ... reasons he could see no ground for setting aside a conviction obtained by evidence of ......
  • Koushal v Naz: Judges Vote to Recriminalise Homosexuality
    • Nbr. 78-4, July 2015
    • The Modern Law Review
    In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising ‘carnal intercourse against the ord...
    ...... Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 ... Watch 5 at http://www.hrw.org/sites/default/files/reports/lgbt1208_webwcover .pdf (last ... retrogressive missteps were brushed aside as aberra- tions, and the Supreme Court, ...28 How the preceding six paragraphs setting out the established doctrine under Article 21 ......
  • The Administration of Justice in Ireland
    • Nbr. 34-1, March 1968
    • International Review of Administrative Sciences
    ......  a ’Statement of Claim’  setting out . ...has been completed, the judgment creditor may . for  trial.  . ...Supreme  Court  may  set  aside  the  verdict, . ...credit-sale  . a  ’default . agreement where the amount of the . ......
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Law Firm Commentaries
  • Consultation On Tribunal Fees Published
    • Mondaq United Kingdom
    ...... charged for various applications, such as setting aside a default judgment (£100) or a request for ......
  • COVID-19 and the courts: the new normal
    • JD Supra United Kingdom
    The UK is now 11 weeks into lockdown and, whilst there have been small changes to the rules, social distancing is guaranteed to remain in place for the foreseeable future. At the outset of lockdown...
    ...... setting aside default judgment pursuant to CPR 13.2;. ......
  • Property Newsletter: September 2021
    • Mondaq UK
    ......restrictions; he has obtained an order setting aside a substantial. default judgment relating to ......
  • Property Newsletter: September 2021
    • Mondaq UK
    ......restrictions; he has obtained an order setting aside a substantial. default judgment relating to ......
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Forms
  • Chapter DMBM666380
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Applications to claimant for consent to set aside judgment. You should examine carefully all ... with CPR13 to have a judgment entered in default (under CPR12) set aside where they did not ... debt is not considered grounds for setting aside a judgment that has been correctly entered ......
  • Chapter DMBM666390
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... intend to oppose the application to set judgment aside, you need to demonstrate to the court that ... debtor that there are no grounds for setting judgment aside. The fact that the judgment debt ... will be entitled to apply for judgment in default if the defendant does not comply with the order ......
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