Legal issues
Key issues include validity of service, whether default judgment was procedurally available, the proposed defence on the merits, promptness, prejudice, explanation for the default and any enforcement that has already begun.
A set-aside application is not simply an opportunity to say the debt is disputed. The evidence should explain both the procedural history and the substantive defence.
Evidence that matters
Important documents include the claim form, particulars, certificate or evidence of service, judgment, Companies House or address records, correspondence, contract, invoices, defence evidence, payment records and enforcement notices.
Reasonable lines of enquiry
Establish exactly when and where the claim was served and when the defendant first became aware of the judgment. Draft the proposed defence early so the court can assess whether there is a real prospect of success.
Check whether enforcement is active and whether a separate stay application is required while the set-aside application is pending.
What happens next
The defendant applies to court under the applicable application procedure, identifying the CPR Part 13 grounds and supplying evidence of the procedural history and proposed defence. CPR 13.4 requires evidence in support of a discretionary application under rule 13.3. The court may list a hearing and may impose conditions if judgment is set aside.
Do not assume that lodging the application stops enforcement. Check whether a separate stay is required and what orders are already in force. If judgment is set aside, comply with the court's directions for the defence and the continuing claim.
Immediate steps
Act immediately. Obtain the sealed judgment and claim papers, identify the service address, preserve evidence and prepare the proposed defence without delay.
What should you send us?
Send the claim, particulars, judgment, service details, proposed defence evidence, correspondence, payment records and all enforcement documents.