England and Wales — How to Apply to Set Aside a Default Judgment

Legal system and scope: England and Wales. This note covers an application in an ordinary civil claim in the County Court or High Court to set aside or vary a default judgment entered under CPR Part 12. It does not cover default costs certificates, family or tribunal proceedings, possession-specific procedures, or the separate rules of Scotland or Northern Ireland.

Law checked: 25 September 2026. Next scheduled review: 25 December 2026, or earlier if CPR Parts 12, 13 or 23, Practice Direction 23A, Form N244 or HMCTS fees change.

Short answer

Identify first whether CPR 13.2 requires the court to set the judgment aside because it was wrongly entered, or whether relief is discretionary under CPR 13.3. For a discretionary application, the evidence must show either a real prospect of successfully defending the claim or some other good reason for setting aside or varying the judgment or allowing the defendant to defend. The court must also consider whether the application was made promptly.

Use the current Form N244, specify every order sought, support the application with evidence and usually a draft defence, pay the applicable fee, and serve the application material on the claimant. If enforcement is active or imminent, ask expressly for an interim stay or suspension; do not leave that protection implicit in the request to set aside.

When CPR Part 13 applies

Part 13 applies only to a default judgment entered under Part 12: a judgment without trial following failure to file an acknowledgment of service or a defence. It is not a general route for reopening every judgment or order.

Mandatory set-aside: CPR 13.2

The court must set aside a Part 12 default judgment if it was wrongly entered because the relevant conditions in CPR 12.3 were not satisfied, or because the whole claim had been satisfied before judgment. The audit should therefore test service, the response deadline, what was on the court file when judgment was entered, any pending strike-out or summary-judgment application, any admission coupled with a request for time to pay, and payment of the whole claim.

Do not treat CPR 13.2 as discretionary. If the judgment was wrongly entered within the rule, organise the evidence around the precise failed Part 12 condition.

Discretionary set-aside: CPR 13.3

In any other case, the court may set aside or vary the default judgment if the defendant has a real prospect of successfully defending the claim, or if there is another good reason why the judgment should be set aside or varied or the defendant should be allowed to defend. CPR 13.3(2) requires the court to consider promptness. The rule provides no fixed number of days, so record when the defendant learned of the judgment and explain every material period before filing.

Procedure

1. Obtain and audit the court record

Secure the claim form, particulars of claim, proof or certificate of service, response pack, default-judgment request or application, the judgment, and any enforcement documents. Record the dates of issue, service, deemed service, expiry of the acknowledgment or defence period, entry of judgment, knowledge of judgment and action taken. This chronology determines whether CPR 13.2 or 13.3 is the correct route.

2. Choose and plead the correct ground

For CPR 13.2, identify the exact Part 12 condition that was absent. For CPR 13.3, identify the proposed defence with enough substance to demonstrate a real prospect of success; a bare denial is not useful. If relying on another good reason, state it distinctly and support it with facts. A party may advance the grounds in the alternative, but should not blur the mandatory and discretionary tests.

3. Prepare the evidence

CPR 13.4(3) requires an application under CPR 13.3 to be supported by evidence. Prepare a witness statement or verified evidence explaining service, non-response, discovery of the judgment, prompt action, the proposed defence and any enforcement urgency. A draft defence is a practical way to show the pleaded case. Attach or identify the documents needed to prove the account, while following the court’s directions and PD 23A paragraph 7 on filing and serving evidence and exhibits.

If relying on statements within the N244 itself as evidence, verify them with a statement of truth as required by CPR 23.6 and PD 23A paragraph 7.5.

4. Complete Form N244 and a draft order

The official HMCTS N244 is the general application notice used to ask the court to set aside or vary a judgment or suspend enforcement. State the claim title and number, applicant’s name, the precise order sought and briefly why it is sought. Specify whether a hearing is requested, the estimated hearing time, the level of judge if known, the evidence relied on and the parties to be served.

The draft order should deal expressly with: setting aside or varying the judgment; any interim stay or suspension of enforcement; the deadline for the defence; consequential case-management directions; and costs. Do not assume that asking to set aside necessarily answers an urgent enforcement problem.

5. File in the correct court

Under CPR 23.2, the general rule is to apply to the court or County Court hearing centre where the claim began. If the claim has been transferred or sent elsewhere, apply there unless there is a good reason not to. If a trial venue has been fixed, apply to that court. If enforcement proceedings have already begun, the application ordinarily goes to the court or hearing centre dealing with enforcement.

Part 13 also contains transfer rules for certain applications involving an individual defendant’s home court and for specified-money claims started in the Civil National Business Centre. Check the live case location rather than sending the N244 automatically to the issuing office.

6. Pay the fee or file a Help with Fees application

The HMCTS civil fees schedule updated on 13 July 2026 lists £321 for a general application on notice where no other fee is specified. This is the normal fee category for a contested N244 application to set aside default judgment. Confirm the fee when filing because the procedural route or later fee amendment may affect it. A party who qualifies may use the HMCTS Help with Fees process.

7. Serve the application material

CPR 23.7 requires service of the application notice as soon as practicable after filing and at least three days before the court deals with it, unless another rule, practice direction or order sets a different period. Serve the supporting written evidence and any draft order with the N244. If the court will serve the application, file the required copy of the evidence when lodging it.

An application without service is exceptional under PD 23A paragraph 3. Do not use a without-notice route merely for convenience; the direction, rule, urgency, consent or permission relied on must support it.

8. Prepare for the application hearing

Build a short hearing bundle around the judgment, service material, N244, evidence, draft defence, draft order and authorities. Be ready to address the Part 12 entry conditions, the merits of the defence, the explanation for default, promptness, prejudice, enforcement and proposed directions. PD 23A requires documents ordered for an application hearing to be filed and served by 4 p.m. at least two days before the hearing unless the court directs otherwise.

Practical checklist

• Sealed default judgment and the date it was entered.
• Claim form, particulars, service documents and response deadlines.
• Default-judgment request or application and relevant court notices.
• Chronology from alleged service through discovery and filing.
• Evidence of payment or satisfaction, if CPR 13.2 is invoked on that basis.
• Witness statement or other verified evidence.
• Draft defence showing the real prospect of success relied on.
• Completed N244, hearing estimate and signed statement of truth where needed.
• Draft order covering judgment, enforcement, defence deadline, directions and costs.
• Current £321 fee or Help with Fees reference/application.
• Service copies for the claimant and proof of service.
• Any enforcement papers and evidence supporting urgency.

Common errors

• Using Part 13 for the wrong decision. Confirm that the target is a Part 12 default judgment.
• Failing to distinguish CPR 13.2 from 13.3. One is mandatory when its conditions are met; the other is discretionary.
• Delay without explanation. CPR 13.3 makes promptness an express consideration.
• Submitting only a bare denial. Show the proposed defence and supporting facts.
• Omitting a stay request. Address current or threatened enforcement expressly.
• Filing in the wrong hearing centre. Check transfer, trial and enforcement status first.
• Serving only the N244. CPR 23.7 also requires the supporting evidence and attached draft order.

Official sources

Research disclosure: This practice note was prepared through automated research of the cited official Civil Procedure Rules and HMCTS materials. It was not written or reviewed by a lawyer. The checked date records when the primary sources were last compared with the text above.