Application to set aside a default judgment in the UK law, explained by Hesham Elrafei
Application to set aside a default judgment in the UK law, explained by Hesham Elrafei In UK law, "setting aside default judgment" refers to the process by which a party seeks to have a default judgment overturned or set aside. A default judgment typically occurs when one party fails to respond to a claim, leading the court to automatically rule in favor of the other party who made the claim. Setting aside a default judgment effectively nullifies it, allowing the case to proceed as if the default judgment had never been made. Who Can Make the Application? Generally, the party against whom the default judgment has been made can apply to set it aside. This is usually the defendant in the case. The application must be made promptly after the default judgment is entered. Test Applied by the Court The court usually considers several factors when deciding whether to set aside a default judgment, as outlined in Civil Procedure Rule 13.3. According to this rule, the court may set a
