Set Aside a Default Judgment: CPR 13.2, CPR 13.3 and Form N244

Setting aside a default judgment: what the rules let you do

If a default judgment has been entered against you without a trial, the rules provide two separate routes to ask the court to set it aside — CPR 13.2, where the court must set it aside, and CPR 13.3, where it may. Both are applications to the court, made on the application notice, Form N244.

This section explains what the rules say. Which route fits your situation, and whether to apply at all, is your decision — and one many people take to a solicitor, Citizens Advice or a law centre first.

What a default judgment is

It is a judgment entered because a response was not filed in time — not because the case was heard and decided. Under Part 12 a claimant may request judgment where the conditions in CPR 12.3 are met, principally that the defendant has not filed an acknowledgment of service or a defence within the time allowed. It is entered on that request, administratively. There is no hearing, and no judge assesses whether the claim is a good one.

That is worth stating plainly because it is widely misunderstood in both directions. It does not mean the claim was found to be correct. It also does not mean anything went wrong. It is a procedural consequence of a deadline passing.

The two routes, in the words of the rules

CPR 13.2 — where the court must set aside. Rule 13.2 requires the court to set aside a judgment entered under Part 12 where any of the conditions in 12.3(1) and 12.3(3) were not satisfied, or any of the conditions in 12.3(2) and 12.3(3) were not satisfied, or the whole of the claim was satisfied before judgment was entered.

⚠️ Resist the temptation to read that as “my claim form never arrived, so this is my route.” Whether a problem with service puts a judgment in the mandatory category or the discretionary one is itself a question the court decides on the facts — and getting it wrong means preparing for the wrong test.

CPR 13.3 — where the court may set aside. Rule 13.3(1) provides that the court may set aside or vary a judgment entered under Part 12 if the defendant has a real prospect of successfully defending the claim, or it appears to the court that there is some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend.

And 13.3(2), in full:

“In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.”

Promptly is not defined in the rule. It is a matter the court must have regard to, measured on the facts. Because promptness is something the court must weigh, an application is generally made as soon as possible after you learn of the judgment — and time spent waiting is time the other side can describe as delay. Meanwhile, unless a court orders otherwise, a judgment that has been entered remains enforceable. Undefined does not mean unlimited.

⚠️ Which of these two routes applies to a particular judgment is a legal question about your own facts. It depends on what was served, when, and what happened afterwards. This page sets out what the rules provide; it does not tell you which one is yours.

The form, and the register problem

The application is made on Form N244, the application notice, published free by HM Courts & Tribunals Service. The form is not the hard part. Box 3 is — the box asking what order you want the court to make.

There is a strong pull to fill it with the history: the letters, the calls, the thing that was said in March. Here is what that produces:

“I want the judgment set aside because I never got the claim form and they have been chasing me for months and I have tried to explain but nobody listens.”

And here is the same person, the same facts, nothing added or exaggerated, asking rather than explaining:

“An order setting aside the judgment entered on 14 May 2026, and permission to file a defence.”

Read those twice. The difference is not effort and it is certainly not intelligence. It is register — a way of writing that courts read every working day, and that most people have simply never had occasion to learn. The first version asks the court to understand. The second asks the court to do something, and says what. Box 3 is where you ask; the explaining — the claim form that never arrived, the months of chasing — belongs in the evidence, where there is room for it and where it does the work.

And the orders you ask for depend on your situation. ⚠️ On costs, be careful what you ask for: where a judgment was entered because a deadline was missed, a court setting it aside may well do so on terms that the applicant pays the other side’s costs. Asking for costs as a matter of course can set an expectation the outcome does not match.

The fee, and Help with Fees

An application on Form N244 attracts a court fee, and the amount depends on how the application is made. Under the fee schedule published by HM Courts & Tribunals Service (Fees in the civil and family courts — main fees, EX50, updated 13 July 2026), an application on notice where no other fee is specified is £321, and an application by consent or without notice is £126. EX50 defines those terms by whether the other party has been notified, “regardless of whether there is a hearing or not” — so it is notice that sets the fee, not whether a hearing is listed. The court office will confirm what applies to your application.

If you cannot afford the fee, look at Help with Fees before you decide you cannot proceed. The route is online; form EX160 is the paper fallback, not the way in. Three things about it are the ones people most often miss:

• You can apply before or after you pay. If you have already paid, you can still ask for the money back — provided you paid the fee in the last 3 months and you were eligible for help at the time you paid it (GOV.UK, Get help paying court and tribunal fees). Having already paid is not the end of it.
• It is granted per fee, not per case. If you have more than one fee to pay, you apply for each one separately — help with this application fee does not make a later hearing or trial fee free.
• Eligibility looks at your savings, any benefits you receive and your income. The figures are reviewed from time to time, so check the current ones on the service itself rather than relying on an amount quoted second hand.

It is not a favour and not charity; it is part of how the fee system is designed to work.

What Is a Set Aside Application?

A set aside application is a request to the court to cancel a judgment that was entered without the defendant having had the opportunity to present their case. In most instances, this concerns a default judgment — a judgment entered because the defendant failed to file a defence or acknowledgment of service within the prescribed time limit. For claimants, a set aside application can feel like a setback. You followed the procedure correctly, obtained judgment, and may already be considering enforcement. Then the defendant files Form N244 asking the court to undo it all. This guide explains how set aside applications work from the claimant’s perspective, the legal tests the court applies, and how to respond effectively if your default judgment is challenged. If you are the defendant, our step-by-step guide to setting aside a default judgment with Form N244 is written for you.

Why Default Judgments Get Set Aside

Default judgments are procedural judgments. They are entered not because the court has considered the merits of the claim, but because the defendant failed to respond within the deadline. The Civil Procedure Rules recognise that there are circumstances where this failure should not be fatal to the defendant’s case. The court’s overriding objective under CPR Part 1.1 is to deal with cases justly and at proportionate cost. A judgment entered by default, where the defendant has a genuine defence they were unable to present, does not serve justice — even if the claimant followed every step correctly. This is not a criticism of the claimant. It is a recognition that procedural compliance and substantive justice are both important, and the court must balance them.

If you are the claimant, opposing a set-aside application

When you receive notice that the defendant has applied to set aside your default judgment, you have the right to oppose the application. The court will consider your submissions alongside the defendant’s.

Step 1 — Read the Application Carefully

The defendant’s N244 application should specify the order they are seeking and the grounds they rely on. It should be accompanied by a witness statement explaining their proposed defence and the reason for their failure to respond. Read every word. Understanding their argument is essential to preparing your response.

Step 2 — Prepare a Witness Statement in Opposition

Your witness statement should address each element of the CPR 13.3 test: On the proposed defence:

• Does the defendant’s proposed defence actually engage with the substance of your claim?
• Is it supported by any evidence, or is it bare assertion?
• Does it disclose a defence recognised in law, or is it merely an expression of disagreement?

On the reason for delay:

• Is the defendant’s explanation for failing to respond credible?
• Was the claim properly served? Can you evidence service?
• Has the defendant provided supporting evidence for their explanation (medical evidence, postal records, evidence of being abroad)?

On promptness:

• How long has elapsed between the defendant learning of the judgment and filing the application?
• Has there been unexplained delay?

Step 3 — Gather Your Evidence of Service

If the defendant claims they did not receive the claim form, your evidence of proper service becomes critical. The OCMC provides confirmation of service dates. If you served personally or by post, gather your proof of posting, certificate of service, or any tracking information.

Step 4 — Address Prejudice

Explain to the court what prejudice you would suffer if the judgment is set aside. This might include:

• Enforcement steps already taken (warrants issued, charging orders obtained)
• Costs incurred in obtaining and enforcing the judgment
• Delay in recovering money owed to you
• Any deterioration in the evidence available (witnesses becoming unavailable, documents lost)

Step 5 — Attend the Hearing

Set aside applications are almost always decided at a hearing. Both parties attend and present their arguments. Come prepared with your witness statement, the original claim documents, proof of service, and a clear, concise summary of why the judgment should stand.

What Happens at the Hearing

The hearing is typically listed before a District Judge. Both parties will have the opportunity to make submissions. The judge will consider the defendant’s application against the CPR 13.3 criteria and any response from the claimant. The possible outcomes are:

Outcome	Effect
Application refused	Your default judgment stands. The defendant may seek permission to appeal
Application granted unconditionally	The judgment is set aside. The defendant is given time to file a defence. The case proceeds to trial
Application granted on conditions	The judgment is set aside subject to conditions — commonly that the defendant pays a sum into court, pays your costs of the application, or files their defence within a specified period

If the judgment is set aside with conditions and the defendant fails to comply with those conditions, you can apply to have the judgment restored.

Conditions the Court May Impose

When granting a set aside application, the court frequently imposes conditions to protect the claimant’s position. Common conditions include:

• Payment into court — the defendant must pay some or all of the judgment sum into court as security
• Costs of the application — the defendant pays the claimant’s costs of responding to the set aside application
• Filing a defence within a fixed period — typically 14 or 28 days from the date of the order
• Unless order — if the defendant fails to file a defence by the specified date, the judgment is automatically restored without further application

These conditions reflect the court’s recognition that the claimant should not be disadvantaged by the defendant’s earlier failure to engage with the proceedings.

Strategic Considerations

A set aside application is not necessarily a disaster for the claimant. Consider the following: The defence may be weak. The fact that the defendant has applied to set aside judgment does not mean their defence will succeed at trial. A default judgment avoids the need for a trial entirely, but if the judgment is set aside and the case proceeds, you may still win — and potentially recover additional costs. Settlement opportunities arise. A defendant who has applied to set aside judgment has demonstrated engagement with the proceedings. This may be the first realistic opportunity for settlement discussions. A well-timed Part 36 offer can be particularly effective at this stage. Costs protection. If you successfully oppose the set aside application, or if the court grants it on conditions that include costs, you recover the cost of responding. If the case proceeds to trial and you succeed, the costs of the entire proceedings (including the set aside hearing) may be recoverable.

Costs of a Set Aside Hearing

The defendant pays the court fee for their N244 application — £321 where the application is made on notice to you, under the current EX50 fee schedule (an application by consent or without notice is £126). As the claimant responding, you do not pay a fee for opposing the application. However, you may incur costs in preparing your witness statement and attending the hearing. If the court sets aside the judgment, it will typically order the defendant to pay the claimant’s costs of the application — recognising that the claimant is in this position through no fault of their own.

Frequently asked questions

What is a set aside application?

It is a request to the court to cancel a judgment entered without the defendant having had the opportunity to present their case. In most cases this concerns a default judgment — one entered because the defendant did not file a defence or acknowledgment of service within the prescribed time limit. The defendant applies on Form N244.

What are the two legal routes to set aside a default judgment?

Mandatory set aside under CPR 13.2, where the court has no discretion and must set the judgment aside in defined situations — such as where judgment was entered before the time for filing a defence had expired, or after a defence, acknowledgment of service, or full satisfaction of the claim. And discretionary set aside under CPR 13.3, which is disjunctive: the court may set aside if the defendant has a real prospect of successfully defending the claim, or if it appears there is some other good reason why the judgment should be set aside or the defendant allowed to defend. Either limb alone can do it. Promptness is not a third limb: under 13.3(2) it is a matter the court must have regard to when deciding.

Can I oppose a set aside application as the claimant?

Yes. As the claimant you have the right to file a witness statement in opposition and attend the hearing to make submissions. The court considers your response alongside the defendant’s application before deciding. Your statement should address each element of the CPR 13.3 test and any prejudice you would suffer if the judgment is set aside.

What happens if the default judgment is set aside?

The case returns to the position it was in before judgment was entered. The defendant is given time to file a defence, and the case proceeds through the normal litigation process — directions, disclosure, witness statements, and trial. The court may grant the application unconditionally, or on conditions such as payment into court, costs, or filing a defence within a fixed period.

Does the defendant have to pay costs if their set aside application succeeds?

Typically yes. Even when the court grants a set aside application, it usually orders the defendant to pay the claimant’s costs of the application, reflecting the principle that the claimant should not bear the cost of the defendant’s earlier failure to comply with the rules.

Can I enforce the judgment while a set aside application is pending?

Filing a set aside application does not automatically stay enforcement. However, the defendant may apply for a stay of enforcement pending the hearing. If the court grants a stay, enforcement is paused until the application is decided; if not, you may continue — but proceed with caution, as the court may take a dim view of aggressive enforcement while an application is outstanding. Related guides: Form N244 Application Notice guide · Part 36 offers explained · All civil court forms