WebDocuments: 134 Restraining Order (5-2013).docx. 134 Restraining Order (5-2013).pdf. WebNov 14, 2024 · Whether the defendant could apply to set aside the judgment under CPR 3.7(1). Decision The Court of Appeal dismissed the appeal, agreeing with the judge that …
Part 13 – Setting Aside or Varying Default Judgment
WebThe court may set aside judgment under this rule on or without an application. Cases where the court may set aside or vary default judgment . 13.3. If Rule 13.2 does not apply, the court may set aside a judgment entered under Part 12 only if the defendant – Applies to the court as soon as reasonably practicable after finding out that judgment ... WebApplication to be in writing. 11.6. The general rule is that an application must be in writing in Form 6. An application may be made orally if –. the court dispenses with the requirement for the application to be made in writing; or. this is permitted by a rule or practice direction. What application must include. 11.7. cook twitch
High court decision on default judgment where defence filed …
WebAccording to the two, disjunctive limbs of CPR Part 13.3, the court may set aside a judgment in default if: (a) the defendant has a real prospect of successfully defending the claim or (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the ... WebJan 26, 2024 · The court rules for setting aside or varying a judgment are set out in Civil Procedure Rule 13. If default judgment has been entered incorrectly then the court will set it aside, although an application will usually need to be made. If default judgment has been entered correctly, the defendant can still apply to set the judgment aside but will ... WebUpon reading the defendant's application dated 20th February 2024. ... I also refer to CPR 13.2(the court must set aside a judgment entered under part 12 if judgment was … family infection