This is an extract of our Setting Aside Default Judgment Memo document, which we sell as part of our Civil Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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Civil Litigation Workshop 4 Preparatory Task
Memorandum Setting Aside Default Judgement To: Anita Shah From: Reference: EM0193 Date: Client: DMS (Printers & Bookbinders) Limited Client's Matter: Setting aside the judgment in default Introduction I have been asked to research the basis on which DMS can apply to set aside the judgment in default, which was obtained by Clarke & Sons on 6 December
2011. I have explained the relevant procedure that will need to be followed and any documentation which we will need to prepare. An alternative way would be : "Whether under the Civil Procedure Rules ("CPR") DMS (Printers & Bookbinders) Limited ("DMS") can apply to set aside judgement in default. This note outlines the relevant procedure and the documentation required for DMS to apply to set aside judgement in default by Clarke & Sons Limited."
Content The basis upon which DMS can apply to set aside the judgment in default The default judgment was entered by Clarkes after the 14 day time limit, therefore the courts will not be obliged to set aside the default judgment (13.2). Rule 13.3 states that the court has a discretion to set aside a judgment in default where the Defendant has a real prospect of defending the claim (13.3(1)(a)) or if there is some other good reason (13.3(1)(b)). Jonathan Friedman was primarily Clarke's contact within DMS who was then killed following a car accident. This would likely be satisfactory for DMS to apply to the court to have the default judgment set aside. The application would need to be supported by evidence of Jonathan's death and should be done promptly (13.3(2)). An alternative way would be : "Clarke & Sons obtained judgement in default against our client (DMS) in relation to litigation that was commenced by Clarke & Sons on 6th November, 2013 for the printing and binding of 500.000 books. Our client may be able to apply to set aside judgement in default under Part 12 of the Civil Procedure Rules ("CPR"). Part 12 outlines the requirements and grounds for Setting Aside a Default Judgement. Clarke & Sons Ltd did not enter into default judgment procedures wrongly and therefor, DMS will have to apply to the court to set aside the default judgement. It is a discretionary decision of the court to do so. In seeking to set aside the judgement DMS will have to satisfy the court, Under CPR Part 13.3(1), that:
a. b. i. ii.
It has a real prospect of defending the claim (r.13.3(1)(a)); or In the eyes of the court there is some other good reason (r.13.3(1)(b)) to : set aside or vary the default judgement; or DMS should be allowed to defend the claim.
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