This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to set aside a default judgment in online purchase cases in England and Wales. This guide explains when courts must or may set aside default judgments, how to apply using form N244, necessary evidence, hearings, and practical steps to reopen your claim and present a defence.
When a court issues a default judgment against a defendant in an online purchase dispute because they failed to respond to a claim, that defendant can apply to have the judgment set aside. Setting aside a default judgment means asking the court to cancel or reopen it so the original claim can be dealt with on its merits. This article explains the legal framework, the process for applying to set aside a default judgment, the grounds on which courts consider applications, and practical steps for defendants in England and Wales.
Default Judgments in Online Purchase Disputes
If you are involved in a dispute over an online transaction - for example, goods not delivered, services not provided, or alleged non‑payment - and you did not respond to a county court claim, the claimant may have obtained a default judgment against you. A default judgment is entered when a defendant fails to file an acknowledgement of service or a defence to the claim within the required time under the Civil Procedure Rules (CPR). A default judgment means the court has decided the case without hearing from you, often ordering you to pay a sum of money claimed by the other party.
A default judgment can significantly affect your legal and financial position, including the possibility of enforcement action and registration on public records. However, the law provides a mechanism to challenge such a judgment and ask the court to set it aside, restoring your opportunity to respond to the original claim.
When Can a Default Judgment Be Set Aside?
The process for setting aside default judgments is set out in Part 13 of the Civil Procedure Rules (CPR). The court distinguishes between situations in which it must set aside a default judgment and situations in which it may set one aside.
Mandatory Grounds
The court must set aside a default judgment if it was wrongly entered. Common examples include:
- The defendant already paid the amount claimed before the judgment was entered.
- A defence or admission was filed within the time allowed, but the judgment was entered anyway.
- The claimant applied for judgment before the deadline for the defendant's response had expired.
- The claim was not properly served according to the Civil Procedure Rules, meaning the defendant did not receive the claim documents as required.
Discretionary Grounds
If the default judgment was entered correctly, the court may set it aside if:
- The defendant has a real prospect of successfully defending the claim. This means there is evidence or argument suggesting the defence could succeed if the case were heard.
- There is some other good reason why the judgment should be set aside. For example, the defendant did not receive court papers due to factors outside their control, such as incorrect service, and they acted promptly upon learning of the judgment.
The court will also consider whether the application was made promptly, and explanations for delay may be required.
Step‑by‑Step: How to Apply to Set Aside a Default Judgment
1. Identify the Correct Court and Form
An application to set aside a default judgment is made to the court that issued the judgment. This is usually the county court where the original claim was filed. You must use form N244 – Application Notice to make the request. There is normally a court fee to pay when submitting this form, although you may apply for help with fees if eligible.
2. Complete the Application Notice
On form N244, you should:
- Provide the case number, parties' names and contact details.
- Clearly state that you are applying to set aside the default judgment.
- Summarise the grounds on which you seek to set aside the judgment, such as lack of service or a real prospect of defence.
- Include a witness statement setting out the facts that support your application. This might cover why you did not respond to the original claim and evidence for any defence you have.
3. Serve the Application
After filing the application with the court, you must serve a copy on the claimant or their legal representative. This ensures they have the opportunity to respond to your application before the court considers it.
4. Attend a Hearing
In many cases, the court will schedule a hearing to decide the application. At the hearing, you can present your evidence and legal arguments. The claimant may also attend to argue against setting aside the judgment.
5. Court Decision
The judge will decide whether to set aside the default judgment based on mandatory or discretionary grounds:
- If set aside, the default judgment is treated as though it never existed. The original claim remains active, and you will usually be given a deadline to file a defence or other response.
- If the application is refused, the default judgment remains in force. You may face enforcement actions if you have not complied with the judgment, and the judgment will stay on public records unless fully paid and marked as satisfied.
Supporting Evidence and Witness Statements
Strong supporting evidence increases the chances that the court will grant your application. Your witness statement should explain:
- Why the default judgment should be set aside.
- The circumstances that prevented you from responding to the claim in time (for example, did not receive the documents).
- Details of any defence you intend to raise and its prospects of success.
Attach any relevant documents, such as proof of address, emails, or other correspondence that supports your case.
Practical Considerations
Acting Promptly
The rules do not set a fixed deadline for applications to set aside judgments, but courts expect you to act promptly after discovering the default judgment. Delays without reasonable justification may lead to refusal.
Legal Costs and Fees
There is usually a fee to file form N244. Even if your application is successful, you may be required to pay the claimant's legal costs for resisting the set aside application. Be aware of this potential financial implication.
Credit Records
If a default judgment has been registered on the Register of Judgments, Orders and Fines, setting it aside typically results in the judgment being removed from your credit record. This can help restore your credit profile, which is relevant for personal and business finance.
Key Takeaways
Setting aside a default judgment in an online purchase dispute allows a defendant to reopen the case and present a defence. The procedure is governed by Part 13 of the Civil Procedure Rules, which distinguishes between situations where the court must set aside a judgment and where it may do so at its discretion. Applications are made using form N244, supported by evidence and a witness statement. Acting promptly, explaining why you did not respond to the original claim, and showing a reasonable prospect of defence are key factors the court will consider.
