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I am working on it now and thanks for the rating
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
That the Defendant has a reasonable prospect of successfully defending the claim
Some other good reason why it should be set aside and allow the Defendant to defend the claim
Whether the person seeking to set aside judgment acted promptly.
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.
No problem I hope what I stated made sense
Am glad you did.
Please ensure you send a copy of the application to the claimant because it is a form of good practise.