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Where a claimant has obtained judgment against a defendant who failed to file an acknowledgment of service or a defence (known as a default judgment or judgment in default), the defendant can ask the court to exercise its discretion to set aside that default judgment even though it was validly obtained.

For guidance on the circumstances in which the court must set aside a default judgment, see Practice Note: Setting aside default judgment—mandatory grounds (CPR 13.2).

For guidance on the procedure for making an application to set aside a default judgment, see Practice Note: Setting aside default judgment—making the application.

For guidance on what is a default judgment, see Practice Note: Obtaining default judgment—general principles.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below.