9:30 - 17:30

Opening Hours Mon. - Fri.

+44 20 3417 3859

Call Us For Consultation


Email Us For Consultation

Circumstances in which default judgement is set aside ?

One of the most important tools for the claimant is the ‘Default Judgement’. However, consideration must be given due to consideration that it can be set aside. A defendant has 14 days to file an acknowledgement of service or file defence from the date of service of particulars of claim. 

In the absence of filing, the claimant has the right to request judgement by default. The court when taking into consideration a set-aside application, the court will take into account whether the application has been promptly and will thereafter consider the following listed below:

  • The circumstances within the court has the discretion to set aside and vary the default judgement 
  • If Judgement has been entered wrongly

Courts discretion to set aside ‘Default Judgment’ 

The court has the discretion to set aside a default judgment in the following circumstances: 

  1. Defendant has a real prospect of defending the claim, 
  2. It appears to the court that there is some other reason to do so:
  1. Defendant should be allowed to defend the claim.  
  2. Default judgement should be set aside or varied. 

It is not sufficient for the defendant to show he or she simply has an arguable defence but must demonstrate that there is a real prospect of defending the claim, an arguable chance. Some other reason ground is, therefore, a stand-alone alternative, and offers little in its rather simplistic meaning, however, one can say it offers the court offers a broad discretion. When an application of such nature is made to the court, opposing an application might be costly and lead to an adverse cost order being awarded. 

  “Wrongly entered” default judgments

The court must set aside a default judgment that has been wrongly entered even if there is no defence on the merits. This will occur in the following circumstances:

  • An acknowledgement of service or defence has been filed within the time limits set.
  • An application has been made for a summary judgment before default judgment was entered.
  • Before default judgment was entered, the defendant filed and served on the claimant an admission of liability to pay all the money claimed in a money claim, together with a request for time to pay.
  • The entirety of the claim was satisfied before judgment was entered.

How can we help?At Adel Jibs our solicitors in Enfield, and across London we are highly experienced in all matters of property. For advice, assistance or representation please contact us on 02034173859 or complete our online contact form or speak to Del.

Our Previous Post

     How to solve it – Landlord and Tenant Dispute   

     No Fault Divorce – What you need to take into consideration and know   

     Extension of video-witness of Wills extended until 2020   

     Make your Will with Adel Jibs   





The information given here is intended for general information purposes only and should not be taken as legal advice




1 thought on “Circumstances in which default judgement is set aside ?”

  1. Pingback: Technology is changing the legal sector

Leave a Comment

Your email address will not be published. Required fields are marked *

On Key

Related Posts


At Adel Jibs & Co Solicitors, we understand the emotional turmoil and legal complexities that come with being served a non-molestation order. If you find yourself in this situation, you may be wondering, “Can you contest a non-molestation order?” The

International Divorce and Child Custody Cases – Protect Your Rights

In today’s interconnected world, international divorce and child custody cases are becoming increasingly common. When couples with different nationalities or those who have lived, worked, or gotten married in multiple countries face the breakdown of their marriage, navigating the complex

Fighting a Repossession Order: How we Can Help You

Are you struggling to keep up with your mortgage payments? Have you received a notice of repossession from your lender? If so, you’re not alone. Many homeowners across the UK face the terrifying prospect of losing their homes due to

WordPress Cookie Plugin by Real Cookie Banner