Setting aside default judgment
The court must set aside a default judgment if entered incorrectly and may do so of its own initiative
The court may set aside a default judgment if defendant has a real prospect of success or there is some other good reason for so doing. Any application made by a party must be supported by evidence
Applications to set aside default judgment
If after judgment has been entered in default, the claimant subsequently believes that the particulars of claim were not received by the defendant before the default judgment was entered, the claimant must file a request to set judgment aside and apply to the court for directions
The court must consider whether the person applying to set judgment aside did so promptly
Applications are made under part 23 using Form N244 and a fee is payable
Automatic transfer
A claim will be transferred automatically to a defendant's home court on receipt of application to set aside judgment, where the defendant is an individual and the claim is for a specified amount of money
Transfer also applies to claims for specified in the High Court, the claim will be transferred to the appropriate District Registry or the Royal Courts of Justice in London
Where the defendant is represented, the home court or district registry will be the one relating to the defendant's solicitor's business address.
Judgment set aside Any claims abandoned by the claimant on requesting default judgment are restored if the judgment is subsequently set aside