How to set aside a default judgment in the UK.

If you have received a judgment against you without properly defending yourself, there is a legal route to have it removed: a "setting aside" application. This page explains how it works, when the court will grant it, what form you need, and what happens next.

The rules are in Part 13 of the Civil Procedure Rules (CPR). They're designed to let defendants who have a real defence get a second chance, even if they missed the deadline to file one.

The short version

A default judgment happens when the claimant wins without you putting a defence before the court. Sometimes it's because you didn't know about the claim. Sometimes it's because you did, but the court's deadline passed while you were arranging a solicitor or getting your documents together.

The court can set aside a default judgment under two separate grounds:

1. Mandatory grounds (CPR 13.2). If the judgment was entered wrongly, it must be set aside. This covers: (a) you filed an acknowledgment of service in time, or (b) you filed a defence in time, or (c) you have paid the full amount the claim is for.

2. Discretionary grounds (CPR 13.3). If the grounds in 13.2 don't apply, the court still might set the judgment aside if: (a) you have a real prospect of successfully defending the claim, and (b) you have acted promptly since finding out about the judgment.

If you fit the mandatory grounds, the judgment must be set aside. If you fit the discretionary grounds, the court has a choice, but will usually grant it if you show a real defence and you moved quickly.

At a glance

What "setting aside" actually means

When a judgment is set aside, it is not just hidden or suspended. It is removed entirely. The court's order is cancelled, and the case goes back to the stage it was at before the default happened. You then file your defence as if the judgment had never been entered. The case continues with both sides represented.

This is different from an appeal. An appeal asks a higher court to say the lower court got it wrong. Setting aside asks the original court to say the judgment shouldn't have been entered in the first place, or should be removed as a matter of discretion.

The two legal grounds explained

Mandatory grounds under CPR 13.2

If any of these three things happened, the judgment was entered wrongly and must be set aside:

1. You filed an acknowledgment of service in time.

An acknowledgment of service is a form (N9) you can file instead of a full defence. It gives you more time to gather your evidence and draft your response. If you filed this form within the time limit (usually 14 days from service of the claim), the claimant should not have been able to get a default judgment against you. The judgment was wrong and must be cancelled.

2. You filed a defence in time.

The most straightforward case. If you submitted your written defence to the court before the deadline, there is no default. The judgment should never have been entered. If it was, it must be set aside.

3. You have paid the full amount claimed.

If the claim is for money and you have paid the full amount (whether to the claimant directly, into court, or through part-payment that equals the full sum), the claimant no longer has a live claim. The judgment was wrongly entered and must be set aside.

If any of these three apply to your case, you have a very strong position. The court does not have discretion. The judgment must come off.

Discretionary grounds under CPR 13.3

If none of the mandatory grounds apply, the court can still set the judgment aside if you can show two things:

1. You have a real prospect of successfully defending the claim.

This is a legal test. It doesn't mean you will win. It means that the defence you have is not trivial or obviously hopeless. The court will look at what defence you are proposing and ask: is there a real chance a judge might accept this?

For example, if the claim is for a debt you incurred under a contract, and you say the contract was procured by fraud, that is a real prospect of a defence. If you say you don't think the amount is fair, that is not.

The threshold is not high. The test is whether a judge would think it worth hearing the full case. If the answer is yes, you have a real prospect.

2. You acted promptly.

"Promptly" is not defined precisely in the rules, but the court usually means within 2 to 3 months of finding out about the judgment. The sooner you move, the better your position. If you waited 8 months to apply, the court will ask why. Delay harms your case, even if you have a real defence.

If you can show both of these, the court will usually grant the application. The court prefers cases to be decided on their merits, not on procedural defaults.

The N244 application form and what to include

To apply to set aside a judgment, you use Form N244, called an "Application Notice". You can get this form from the Gov.uk website.

The form asks:

• Which court the judgment is in (and the claim number)
• What you're asking the court to do (set aside the judgment)
• Why you think the court should do it
• What evidence you're relying on
• Your signature and contact details

You file the form at court with:

1. Your witness statement. This is a document in your own words (on numbered paragraphs), signed under oath, explaining:

   • Why you didn't defend the claim when it came in (were you unaware of it? Were you arranging a solicitor? Did the deadline pass while you were trying to get the paperwork together?)
   • What happened between service of the claim and the default judgment
   • That you want to defend the claim
   • What your defence is (in general terms, you don't need the full details yet)
   • Any other facts that show you acted promptly or have a real prospect of defending

2. Your draft defence. This is not final. It's a version of what you plan to say in court. It should address the main allegations in the claim and say what you agree with and what you dispute. If you have a solicitor, they will write this. If you don't, CaseCalm's form-walkthrough tools can help you draft it.

3. Evidence of the judgment. A copy of the judgment that was entered against you.

4. Court fee. As of 2024, this is £275. You can ask for this to be waived if you cannot afford it.

You send all of this to the court that entered the judgment, together with a copy for the claimant's solicitor (called "service").

Evidence to include

Be careful and honest in your witness statement. The court will read it to decide whether:

• You have a real defence
• You found out about the judgment promptly
• You moved to set it aside without delay

Common issues that weaken your case:

• You knew about the claim but ignored it. The court is less sympathetic here. But if you have a real defence, you may still get a second chance.
• You waited months to apply. This works against you on the discretionary grounds. The court will ask why you took so long.
• You say "I didn't know I could defend myself." This doesn't carry much weight with experienced judges. The rules and court forms are available online.
• Your draft defence is weak or evasive. If you say "I dispute the claim" but give no reason, the court will doubt you have a real prospect.

What strengthens your case:

• A clear explanation of why you missed the deadline. "I was in hospital for three weeks and missed the post" is stronger than "I didn't get around to it."
• You filed an acknowledgment of service. This moves you into the mandatory ground (13.2) and the court has no choice but to set the judgment aside.
• You have concrete evidence of your defence. Emails, contracts, witnesses, or documents that show you have a real answer to the claim.
• You moved immediately once you found out. If you knew about the judgment on day 30 and applied on day 45, that's prompt. If it was day 150, it isn't.

What happens at the hearing

When you file the application, the claimant can file a response saying why they oppose it (usually they will).

The court will then list a hearing. This is typically a short hearing in front of a Master (in the county court) or a District Judge. There is no jury. The judge will:

• Read your form N244 and witness statement
• Listen to the claimant's response (or read their written response if they don't attend)
• Ask you questions if necessary
• Decide whether to set the judgment aside

The hearing might be 20 minutes or an hour, depending on how contested it is. Both sides can attend, but you can also apply to do this "on the papers" (written submissions only) if everyone agrees.

If the court sets aside the judgment, you will be given a date by which to file your full defence. Typically 14 or 28 days. Your case then continues as a normal defended claim.

Costs implications

There are two sets of costs to think about:

1. The cost of the application itself.

If you win, the claimant typically pays your reasonable legal costs of the application. If you lose, you pay theirs. The costs will be assessed by the court. If you represent yourself, you can claim your own time only at a low rate (usually £18 per hour), not a solicitor's rate.

2. The cost of the claim itself.

Setting aside the judgment doesn't affect the legal costs order from before the judgment was entered. If the claimant had already said "I ask the court to order you to pay my costs", that stays in place. You will need to address that later, either by negotiating a settlement or by contesting it.

These costs can add up. If the claim is for £2,000 but your legal costs are £1,500, settling may make sense.

Day-to-day walking through a set-aside application

Here is what the process typically looks like in practice:

Week 1. You find out about the judgment. You call or email the claimant's solicitor to ask if they will agree to set the judgment aside without going to court. Some will; many won't. If they will agree, you can apply on consent and the court usually grants it in a day or two.

Week 2-3. You gather your evidence. Get copies of:

• The judgment
• The original claim form
• Any letters or emails you have
• Evidence of when you found out
• A copy of your lease, contract, or any document that shows your defence

Week 3-4. You draft your witness statement. Write down:

• When you were served with the claim
• What you were doing at the time
• Why you didn't defend it
• When you found out about the judgment
• What your defence is, in broad terms

Get a friend or family member to read it. Is it clear? Does it explain your situation? Courts read hundreds of statements. Clarity helps.

Week 5. You prepare your draft defence. If you have a solicitor, they will do this. If not, start with the claim form and go through it paragraph by paragraph: do you agree with this allegation? If not, why not? The defence doesn't have to be fancy or perfectly worded. It just has to address the main allegations.

Week 6. You file everything at court: the form N244, your witness statement, your draft defence, the judgment, the fee. You also send a copy to the claimant's solicitor by email or post.

Week 7-10. Wait. The court might list the hearing within 2 weeks, or it might take 4-6 weeks. You will receive a notice of the hearing date.

1-2 days before the hearing. Check that your statement is signed. Prepare to answer questions about the delay, the circumstances, and your defence. The judge may ask you to clarify something. Be honest.

Hearing day. Arrive early. Bring your evidence (originals, not copies). Be polite and clear when you speak. The judge is not against you; they are deciding whether you deserve a second chance. A judgment-default is mechanical; it's not because the judge read your defence and rejected it. The court often grants setting-aside applications because the purpose of civil procedure is to let cases be decided on their merits.

After the hearing. If you win, you will be given a date to file your full defence. If you lose, you can appeal, but appeals are hard and costly.

Common misconceptions

"If I didn't file a defence, I must have had a reason. The court will just set it aside." Not automatic. Unless you fall into the mandatory grounds (13.2), the court needs to see a real defence and that you moved quickly. A vague explanation won't do it.

"I can set a judgment aside years later if I have a good enough defence." No. The court expects you to move promptly once you find out. Years of delay will kill your application, even with a real defence.

"The judge who entered the judgment can't change it, only a higher court can." Wrong. The same court can set aside its own judgment on the discretionary grounds. Only appeals go to a higher court.

"Setting aside the judgment means I win the claim." No. It means the claim is alive again and you get to defend it properly. You still have to win the case on its merits.

"I will lose because I didn't defend in the first place." Not necessarily. The court knows judgment-defaults happen for reasons: unaware of the claim, illness, overseas, confusion about the deadline. If you have a real defence and moved quickly, you usually get a second chance.

"The costs of the application will be more than the claim itself." Possible, depending on the amount and the complexity. Before you apply, think about whether it's worth it. If you settle or lose, you'll be paying costs you might not recover.

Related concepts

As you move through this process, you will encounter other court terms worth understanding:

• Acknowledgment of service. Form N9, filed instead of a defence to buy you more time (usually 28 days instead of 14).
• Default judgment. A judgment entered because the defendant failed to file an acknowledgment or defence in time.
• Particulars of Claim. The detailed statement of what the claimant says you did wrong.
• Witness statement. A signed statement on numbered paragraphs, treated as evidence from the witness.
• Draft defence. Your written response to the claim, setting out what you agree and what you dispute.
• Master or District Judge. Senior judges in the county court who hear intermediate matters like setting-aside applications.
• Costs order. A court decision about who pays the legal costs of the case.

Sources

The information on this page is based on:

• Civil Procedure Rules Part 13, accessible at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
• Form N244 (Application Notice), published by HM Courts and Tribunals Service at https://www.gov.uk/government/publications/form-n244-application-notice
• HM Courts and Tribunals Service guidance, https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
• The Judiciary of England and Wales, https://www.judiciary.uk/

This page was reviewed for accuracy on 2026-05-28. UK court procedure rules change occasionally. Check the links above for the most current information.

A note on what this page is and isn't

This is information about UK civil procedure, not legal advice. It explains how setting-aside applications work, not what you should do in your particular situation. If you have received a judgment and are unsure what to do, talk to a solicitor or a Direct Access barrister. Many offer a free initial consultation.

CaseCalm helps litigants in person understand court procedures and draft documents. We are not a law firm and we are not regulated by the Solicitors Regulation Authority. When your situation needs personal advice on your case, we point you to qualified professionals.

Written by Peter Kolomiets. Reviewed for accuracy 2026-05-28. Comments or corrections to peter@casecalm.com.