Setting Aside Judgements
Sometimes a court judgment (often a default judgment entered because no defence was filed) is obtained against you unfairly or wrongly. You may be able to apply to set it aside under the Civil Procedure Rules (CPR Part 13).
There are two main grounds:
- Mandatory (court must set aside): If the judgment was wrongly entered (e.g., no claim form served properly, or you filed a defence/acknowledgment in time but it wasn't processed)
- Discretionary (court may set aside): If you have a real prospect of successfully defending the claim, acted promptly on learning of the judgment, and there's a good reason for the delay (e.g., didn't receive papers)
You need to apply within a short time (promptly is key — delays weaken your case). Provide evidence (witness statement, draft defence) and pay a fee (unless exempt).
Consequences if successful: The judgment is removed, and the case restarts normally. If unsuccessful, costs may be ordered against you.
We review your situation quickly — checking if mandatory grounds apply or building a strong discretionary application. Acting fast is crucial; contact us as soon as you learn of the judgment.
Contact J L Lezemore Solicitors covering Hertfordshire and Essex
Do you need help with a Civil Dispute? Call or email us today for clear, practical advice – no matter where you are based, we can offer flexible appointments by phone, email or virtually (via zoom).
The sooner we review your case, the more options you usually have. We look forward to helping you resolve it efficiently
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