How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25988
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Judgement (N30). How many days does the

Customer Question

Hello. Judgement for Claimant (N30). How many days does the Defendant have to appeal to the Court to have the judgement set aside?
Pete
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt may I confirm this is a judgement in default due to the defendant not responding to the claim papers please?
Customer: replied 2 years ago.

Yes defendant did not return Directions Questionnaire

Expert:  Joshua replied 2 years ago.
Thank you. There is no specific period defined in days as to how long the defendant has to attempt to set aside a default judgment. Rather the civil procedure rules provide the following rules for how a court must deal with an application from the defendant to set aside judgement:(a) the defendant has a real prospect of successfully defending the claim; or(b) it appears to the court that there is some other good reason why –(i) the judgment should be set aside or varied; or(ii) the defendant should be allowed to defend the claim.(2) 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. You will see from the above that the court has wide discretion as to how to deal with applications to set aside but generally the defendant must be able to show that he has a reasonable prospect of success at trial or that the default judgement is unjust in order to be able to bring an application AND crucially regardless of the reason the defendant seeks to set aside judgement, what is key is the part I have underlined above. The defendant must make an application promptly. If the defendant unreasonably delays in making an application once he knows of the judgment this can prove fatal to his application. There is no defined period of time as to what is reasonable and it is up to a judge to decide but generally if the defedant delays for more than a month after discovering the judgement an aplication to set aside will be increasingly prejudiced. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** really very useful.

Expert:  Joshua replied 2 years ago.
A pleasure. I hope you have a successful outcome to your claim
Customer: replied 2 years ago.

It has been over 4 months since the court ordered the defendant to pay the claimant. But that aside if the judge upholds the application and sets aside the judgment. I would like to get the defendant to a hearing ASAP. Is this something that would just happen or is it back to me to then start from the beginning, incur more costs etc?

Expert:  Joshua replied 2 years ago.
If the claimant is successful in setting aside the application though he would have to have a very good explanation for the delay in applying or he will likely fail, then the claim is reset back to the pre hearing stage and the court will send out directions in order to set a date. This should be done automatically though if not you may have to chase one of the listing clerks
Customer: replied 2 years ago.

Great thanks

Expert:  Joshua replied 2 years ago.
Not at all