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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In making an Application to set aside Judgement obtained in

Resolved Question:

In making an Application to set aside Judgement obtained in default what criteria do I need to take into account please?
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.

May I ask when the judgement was made please - i.e. the date on eht order and when you discovered the default judgement?
Customer: replied 2 years ago.

January this year - discovered then.

Customer: replied 2 years ago.

Hello Joshua?

Expert:  Joshua replied 2 years ago.
Thank you. Sorry for the short delay in reverting to you. Finally may I ask the reason for the delay between January and today in your taking action in respect of the default judgement?
Customer: replied 2 years ago.

Illness - Cancer

Expert:  Joshua replied 2 years ago.
Thank you - I am sorry to hear that.You will need to give a statement explaining the reason you did not respond to the original claim succinctly and ask the judge to set aside the default judgement under part 13.3 of the civil procedure rules on the basis you either did not receive claim form or were unable to respond to it because of illness or the appropriate reason. You will need to be able to show that you have a reasonable prospect of a defence (you do not need to submit a full defence) and you that you should be allowed the opportunity to defend he claim.Crucially you need to be able to show that you are making the application promptly having discovered the default judgement on [date]. In this case there has been the substantial delay which is likely to prejudice your claim the set-aside in and of itself and so you will need to consider submitting medical evidence to support the reasons you give for delay that show for example you have been undergoing treatment or otherwise the reason(s) you ave not been able to give this matter your attention until now. Lack of prompt action can result in an application being rejected where you can otherwise satisfy the above criteria.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
Customer: replied 2 years ago.

A Counter Claim was made in this case, am I right in my understanding that under Part 12 that a default judgement cannot be obtained if no defence was filed to the Counter Claim?

Expert:  Joshua replied 2 years ago.
OK so are you the original claimant or defendant for the initial claim?
Customer: replied 2 years ago.

Defendant

Expert:  Joshua replied 2 years ago.
A default judgement can be obtained in respect of a counter claim issued under part 20. rule 12.3 provides as much.
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