- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 13.1|
|Cases where court must set aside default judgment||Rule 13.2|
|Cases where court may set aside or vary default judgment||Rule 13.3|
|Applications to vary or set aside default judgment – procedure||Rule 13.4|
|Court to impose condition as to filing of defence||Rule 13.5|
|Hearing to be treated as case management conference||Rule 13.6|
|Abandoned claims to be restored if judgment set aside||Rule 13.7|
- The Rules in this Part set out the procedure for setting aside or varying a default judgment entered under Part 12 (default judgments).
- Part 47 deals with variation of the terms of a judgment as to time and method of payment.
- The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because in the case of –
- a failure to file an acknowledgment of service – any of the conditions in rule 12.4 was not satisfied; or
- judgment for failure to defend – any of the conditions in rule 12.5 was not satisfied.
- The court may set aside judgment under this rule on or without an application.
- 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 had been entered;
- Gives a good explanation for the failure to file an acknowledgement of service or a defence as the same case may be; and
- Has a real prospect of successfully defending the claim.
- In any event the court may set aside a judgment entered under Part 12 if the defendant satisfies the court that there are exceptional circumstances.
- Where this Rule gives the court power to set aside a judgment, the court may instead vary it.
- Rule 26.1(3) enables the court to attach conditions to any order.
- An application may be made by any person who is directly affected by the entry of judgment.
- The application must be supported by evidence on affidavit.
- The affidavit must exhibit a draft of the proposed defence.
- If judgment is set aside under rule 13.3, the general rule is that the order must be conditional upon the defendant filing and serving a defence by a specified date.
- If judgment is set aside under rule 13.3 the court must treat the hearing as a case management conference unless it is not possible to deal with the matter justly at that time.
- If it is not possible to deal with the matter justly at that time, the court office must fix a date, time and place for a case management conference and give notice to the parties.
- Part 26 deals with the powers of the court on a case management conference.
- Part 27 deals with the procedure for case management conferences.
- If the claimant has abandoned any remedy sought in the claim form in order to enter a default judgment, the abandoned claim is restored if judgment is set aside.