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LPC Law Notes Civil Litigation Notes

Setting Aside Default Judgment Memo Notes

Updated Setting Aside Default Judgment Memo Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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:

  1. It has a real prospect of defending the claim (r.13.3(1)(a)); or

  2. In the eyes of the court there is some other good reason (r.13.3(1)(b)) to :

  1. set aside or vary the default judgement; or

  2. DMS should be allowed to defend the claim.

DMS...

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