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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 272
Experience:  Solicitor at BLM
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Hi anthony rated and tipped

I am working on it now and thanks for the rating

Customer: replied 6 days ago.
thanks

Section 3:

1. Judgment dated………… be set-aside pursuant to CPR part 13

2. The defendant be permitted to rely on the defence dated…………

3. No order as to costs

Section 8 – district judge

Section 9- All parties

Section 10

That the Defendant has a reasonable prospect of successfully defending the claim

  • Explain why the claim is speculative and why you believe you will win the case

Some other good reason why it should be set aside and allow the Defendant to defend the claim

  • Explain why you believe the judgment was entered incorrectly focusing on your points that you did everything within the set time scales

Whether the person seeking to set aside judgment acted promptly.

  • State following: The defendant acted promptly in seeking to set-aside the judgment given the judgment was entered on 4/10/2019 and upon receipt you drafted and file the application to set-aside the judgement within 7 days.

Finally within your conclusion in section 10 please state the following:

The defence was filed and served within the time scales therefore no breach occurred, therefore no breach occurred.

The application to set aside was made promptly in compliance with CPR 13.3(2) and CPR 3.9 and when considering the circumstances of the case and the judgment ought to be set-aside because the defendant has a 'real prospect of successfully defending the claim'. Consequently, the defendant will be prejudiced if the judgment is not set-aside and given the opportunity to defend the claim.

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Customer: replied 6 days ago.
thank you for your help hopefully i will get my day in court as they say

No problem I hope what I stated made sense

Customer: replied 6 days ago.
yes thank you again ill get that done and may well contact you once iv finished my defence lots of correspondence to go back through

Am glad you did.

Please ensure you send a copy of the application to the claimant because it is a form of good practise.