Applications To Set Aside Judgments in Default - An Update for Claimants & Defendants

Introduction

For some claimants, entering a Judgment in Default of an Acknowledgment of Service or a Defence is not the end of the story. An unfortunate, disorganised or aggrieved defendant may successfully apply to set the judgment aside.

Looking at such an application from a defendant’s perspective, it is both necessary to apply promptly and to have a real prospect of successfully defending the claim if the judgment goes.

Clarity on the application of the relief from sanctions test under CPR 3.9 has increased since the Court of Appeal’s decision in FXF v The Karate Federation in 2023.

This webinar will consider these aspects from the viewpoints of both sides.

What You Will Learn

This webinar will cover the following:

• Defendants’ applications and the Denton factors: in which order are these applied?
• An example of the lack of promptness being decisive (Shobeiry v Patel)
• The possibility of a partial set-aside or variation (Marla International v Ready4s)
• An irregularly entered judgment - CPR 13.2 to the rescue (Galliani (deceased) v Sartori)
• The impact of fraud allegations mixed with promptness and relief from sanctions (Gentry v Miller)

This pre-recorded webinar will be available to view from Thursday 10th April 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.