This guide is maintained as a current resource for November 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.
Comprehensive explanation of how to set aside default judgments in England and Wales. Covers mandatory and discretionary grounds under CPR Part 13, how to apply with Form N244, essential evidence, deadlines, and what happens after a successful application.
When you are a defendant in civil proceedings and fail to respond to a claim on time, a default judgment may be entered against you - often without your input and without any consideration of the underlying merits of the case. Default judgments can have serious effects, including enforcement action and negative impacts on credit records. However, the law provides a route to challenge and set aside such judgments where appropriate. This article explains what setting aside means, when and how the court will act, the legal process under the Civil Procedure Rules, practical steps and key considerations.
What It Means to Set Aside a Default Judgment
A default judgment is a court order made because the defendant did not file an acknowledgement of service or a defence within the deadlines set out in the Civil Procedure Rules (CPR). A defendant can apply to the court to set aside (cancel) or vary that judgment so that the case can be considered on its merits. Setting aside a default judgment effectively restores the proceedings to what they would have been if judgment had not been entered.
Legal Basis: CPR Part 13
The rules governing applications to set aside or vary default judgments are found in Part 13 of the Civil Procedure Rules (CPR). These rules set out:
- Mandatory grounds on which the court must set aside a default judgment;
- Discretionary grounds on which the court may set aside or vary a default judgment; and
- Procedural requirements for making an application.
When the Court Must Set Aside a Default Judgment
Under CPR 13.2, the court is required to set aside a default judgment if it was wrongly entered. This includes where:
- The judgment was entered even though the defendant had filed an acknowledgment of service within the relevant time limit but judgment was nevertheless entered as if they had not done so;
- A defence was filed in time but the judgment was still entered;
- The defendant paid the whole claim before the default judgment was entered;
- The court's procedural requirements for entry of default judgment were not satisfied.
In these situations, the court has no discretion - the default judgment must be set aside.
When the Court May Set Aside a Default Judgment
In circumstances where the default judgment was entered correctly under the rules, the court has discretion under CPR 13.3 to set it aside or vary it if:
- The defendant has a real prospect of successfully defending the claim; or
- There is some other good reason why the judgment should be set aside or the defendant should be allowed to defend the claim.
These discretionary grounds protect defendants who, for example, missed deadlines because of illness, did not receive the claim form through no fault of their own, or otherwise have a compelling justification for their failure to respond in time. The defendant must ordinarily act promptly once they become aware of the default judgment.
Practical Reasons to Apply Promptly
The court will consider whether an application to set aside was made promptly when deciding discretionary applications. Promptness can affect the court's view of whether there is a “good reason” to set aside the judgment. Delayed applications without satisfactory explanation are less likely to succeed. Early application also helps prevent enforcement action progressing further.
How to Apply to Set Aside a Default Judgment
1. Complete the Correct Form
Applications are typically made using Form N244: Application Notice. This form requires you to:
- Identify the case and the judgment you seek to set aside;
- State the grounds for your application; and
- Attach supporting evidence, such as a witness statement that explains why judgment was entered and why it should be set aside.
You may be required to pay a court fee, though remission may be available based on income and benefits.
2. File and Serve the Application
Submit the application to the same court that entered the default judgment and serve a copy on the claimant (now the respondent). The application should be supported by evidence explaining your reasons and any relevant facts.
3. Attend a Court Hearing (if required)
The court may list a hearing for oral submissions, particularly where there are disputed facts. At the hearing, be prepared to explain your reasons and, if relying on real prospect grounds, outline your proposed defence. Evidence such as witness statements or documents supporting your case can be crucial.
Supporting Evidence and Common Scenarios
Your application will need clear evidence. For example:
- Proof that you did not receive the claim form due to address issues or posting errors;
- Evidence explaining why a defence was not filed in time, such as illness or miscommunication;
- A draft of the intended defence showing a real prospect of success.
Providing context and contemporaneous records strengthens an application under the discretionary grounds.
What Happens After a Default Judgment Is Set Aside
If the court sets aside the default judgment:
- The judgment is treated as though it was never made;
- The claim is restored to the court's active list;
- The court will typically issue directions on how the claim should proceed, including re‑setting deadlines for filing a defence.
The claimant may be ordered to pay costs related to the application depending on conduct and outcome.
Common Questions About Setting Aside Default Judgments
Do I need to show I will win the case to set aside a default judgment?
No. For mandatory grounds, you simply need to show the judgment was entered incorrectly. For discretionary grounds, a real prospect of defending the claim or another good reason is required.
Can I apply if I missed the deadline but had a good excuse?
Yes. The court may set aside the judgment if you acted promptly once aware of it and have an explanation and reasons under the CPR's discretionary grounds.
Does setting aside the judgment cancel enforcement action?
Yes. Once set aside, any enforcement based solely on that judgment cannot continue, although the underlying claim then proceeds on its normal timetable.
Practical Considerations
- Act quickly after learning of a default judgment to preserve your rights.
- Include evidence with your application to explain delay and support your proposed defence.
- Keep copies of all documents and ensure correct service on the claimant.
- Consider seeking assistance from legal advice organisations, especially if complex issues arise.
Summary
Setting aside a default judgment is a legal process that enables defendants to challenge a court order entered without their participation. The Civil Procedure Rules provide both mandatory grounds, where the court must correct an incorrectly entered judgment, and discretionary grounds, where the court may set the judgment aside if justice requires it. Applications involve completing Form N244, providing evidence, and acting promptly. If successful, the original claim is restored, allowing the defendant to file a defence and participate fully in the proceedings. Understanding this process helps defendants protect their legal rights and ensures cases are resolved on their merits.
