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 Jul 1986

    All of them clearly contemplated that a defendant who is asking the court to exercise its discretion in his favour should show that he has a defence which has a real prospect of success. 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.

  • Evans v Bartlam
    • House of Lords
    • 30 Abr 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.

    The contention no doubt contains this element of truth, that from the nature of the case, no Judge could in exercising the discretion conferred on him by the rule, fail to consider both ( a) whether any useful purpose could be served by setting aside the judgment, and obviously no useful purpose would be served if there were no possible defence to the action; and ( b) how it came about that the applicant found himself bound by a judgment regularly obtained, to which he could have set up some serious defence.

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

    However, promptness will always be a factor of considerable significance, as the judge recognised in paragraph 27 of his judgment, and if there has been a marked failure to make the application promptly, the court may well be justified in refusing relief, notwithstanding the possibility that the defendant might succeed at trial.

  • Regione Piemonte v Dexia Crediop Spa
    • Court of Appeal (Civil Division)
    • 09 Oct 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.

  • Attorney General of Trinidad and Tobago v Matthews
    • Privy Council
    • 20 Oct 2011

    There is no rule which states that, if the defendant fails to file a defence within the period specified by the CPR, no defence may be filed unless the court permits. At most, it can be said that, if the defendant fails to file a defence within the prescribed period and does not apply for an extension of time, he is at risk of a request by the claimant that judgment in default should be entered in his favour.

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Legislation
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 2.10 . Meaning of "month" in judgments, etc. . Rule 2.11 . Time limits may be varied ... Rule 3.6 . Setting aside judgment entered after striking out . Rule ... Sanctions have effect unless defaulting party obtains relief . Rule 3.9 . Relief from ......
  • County Court Rules 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ......Hearing of action or matter. . 22. Judgments and orders. . 23. Accounts and inquiries in .... 37. Rehearing, setting aside and appeal from registrar. . 38. Costs. . ... (a) the summons in a default, fixed date or admiralty action, or . (b) in ......
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ....... 13. Default of appearance to writ. . 14. Summary judgment. . ... 33. Place and mode of trial. . 34. Setting down for trial action begun by writ. . 35. ... costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which ......
  • 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 ... the rate specified in section 17 of the Judgments Act 1838 ( 40) at the date on which the company .... (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 . ......
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Books & Journal Articles
  • Koushal v Naz: Judges Vote to Recriminalise Homosexuality
    • Núm. 78-4, Julio 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...
    ......-bidi:bidi-override;-moz-font-feature-settings:"liga" ... 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, ......
  • Mareva Injunctions and Third Parties: Exposing the Subtext
    • Núm. 62-4, Julio 1999
    • The Modern Law Review
    ......-bidi:bidi-override;-moz-font-feature-settings:"liga" ... removal from the jurisdiction prior to judgment may be pivotal to the viability of an action. An ... man, can properly infer a danger of default . . These facts should enable a commercial judge ..., individual creditors may apply to set aside a prior transfer of assets. In either case it is ......
  • Court of Appeal rules on trust status and client money protection in relation to Lehman Bros funds
    • Núm. 19-1, Febrero 2011
    • Journal of Financial Regulation and Compliance
    • 85-93
    Purpose: The purpose of this paper is to discuss the Court of Appeal's consideration regarding Lehman Bros International (Europe) (in Administration) (Court of Appeal: Civil Division: Lord Neuberge...
    ......-bidi:bidi-override;-moz-font-feature-settings:"liga" ...Date of Judgment: 2 August 2010. Design/methodology/approach – ... rights consequent upon LBIE’s default triggered by its going into administration. ... not received for the client) have been set aside for the client, and means more than simply ......
  • THE CONFLICT OF LAWS AND THE ENGLISH FATAL ACCIDENTS ACTS
    • Núm. 24-4, Julio 1961
    • The Modern Law Review
    ......-bidi:bidi-override;-moz-font-feature-settings:"liga" ... by wrongful act, neglect, or default, and the act, neglect, or default is ... been right in setting the action aside, and that the prevailing limitation period ... topics in the course of the judgment. 87 [1947] K.B. 1 ......
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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;. ......
  • Use of Denton on an Application to Set Aside Default Judgment in the TCC
    • JD Supra United Kingdom
    In Tideland Ltd v Westminster City Council [2015[ EWHC 2710 (TCC) (a judgment dated July 2015 but only just published), the TCC made a decision to set aside default judgment regarding a £7m claim ....
    ...... CPR 13 sets out the procedure for setting aside or varying judgment entered under Part 12 (default judgment). CPR 13.3(1) sets out the circumstances where the court may set aside or vary a ......
  • Shipping Case Digest - June 2021
    • Mondaq UK
    ...... that it was not (see the first instance judgment). He held that. the BP terms qualified the recap ...setting. The judge's starting point was the meaning of ...an application to set aside a judgment in default. In doing so, the. ......
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