---
title: "Setting aside a default judgment: can you still defend the claim? - Chris Clayton - Commercial & Property Dispute Lawyer in the UK"
description: "For business owners, directors and shareholders who need clarity and a workable outcome. Not years of litigation and spiralling legal costs."
url: "https://www.rmclayton.co.uk/blog/setting-aside-a-default-judgment-can-you-still-defend-the-claim"
date: "2026-11-11T07:00:55+00:00"
language: "en-GB"
---

![Default judgment advice](//rmclayton.b-cdn.net/images/Sumamry%20Judgment%20Article.jpg)#  Setting aside a default judgment: can you still defend the claim?

  [General](https://www.rmclayton.co.uk/blog)    28 October 2026

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In England and Wales, a defendant may be able to have a default judgment set aside. Where judgment was wrongly entered, the court must set it aside in the circumstances specified by the rules. Where it was properly entered, the defendant must establish a ground for relief and persuade the court to exercise its discretion.

For a business facing a substantial claim, the consequences can be serious: an enforceable judgment, exposure to costs and the loss of an opportunity to contest liability. The practical message is straightforward: investigate immediately and act without unnecessary delay.

## What is a default judgment?

A default judgment is a judgment entered without a trial because a defendant has failed to file an acknowledgment of service or a defence as required by the Civil Procedure Rules. The procedure is governed by CPR Part 12.

It does not necessarily mean that the court has examined competing evidence and decided that the claimant’s case is right. A defendant may have substantial grounds for disputing a claim but still face judgment because the necessary procedural steps were not taken.

The rules provide a route to reopen the proceedings, while also recognising the importance of compliance and finality in litigation.

Importantly, a default judgment can be entered as a result of a failure to file an Acknowledgment of Service or a Defence on time. It is not the same as [summary judgment](https://www.rmclayton.co.uk/blog/summary-judgment-the-procedural-weapon-that-can-tip-the-balance) or [strike out.](https://www.rmclayton.co.uk/blog/strike-out-when-a-claim-shouldnt-even-go-to-trial)

## When must the court set aside a default judgment?

Under CPR 13.2, the court must set aside a default judgment where it was wrongly entered because the relevant conditions under CPR 12.3 were not satisfied, or because the whole claim had been satisfied before judgment was entered.

For example, judgment may have been entered before the time for filing a defence had expired, or despite a defence having been filed before judgment was entered. The validity of service can also be important when deciding whether the conditions for default judgment were met.

This is different from asking the court to set aside a judgment that was properly entered. That discretionary route is governed by CPR 13.3.

## When may the court set aside a default judgment?

Under CPR 13.3, the court may set aside or vary a default judgment where:

- The defendant has a real prospect of successfully defending the claim; or
- There is some other good reason why the judgment should be set aside or varied, or why the defendant should be allowed to defend the claim.

The court must also consider whether the application was made promptly. Establishing one of the grounds is not enough on its own: the defendant must still persuade the court to exercise its discretion in its favour.

### A real prospect of successfully defending the claim

The defendant does not have to prove at the application hearing that it will win at trial. It must, however, show substance in the proposed defence. A bare denial or speculative assertion will not ordinarily be sufficient.

In a commercial dispute, the supporting material might include the contract, correspondence, payment records or documents showing why the claimant is not entitled to the remedy sought. The evidence should identify the genuine issues and explain how they provide an answer to the claim.

### Some other good reason

The alternative ground allows the court to consider whether the particular circumstances justify setting aside or varying judgment, or allowing the defendant to defend.

It is not a general exemption from procedural deadlines simply because the outcome is unfortunate. The application must explain the reason relied upon and why it justifies relief.

## How quickly must you apply?

There is no universal deadline that makes every application prompt. The court considers the circumstances, including when the applicant knew—or could with reasonable diligence have obtained sufficient knowledge—of the judgment to apply to set it aside.

That is not permission to wait. In *Gentry v Miller* \[2016\] EWCA Civ 141, paragraphs 28–38, the Court of Appeal refused relief despite an accepted real prospect of defending the claim. The applicant’s delay and failure to protect its position were central to the decision.

The practical approach is to obtain the claim documents and judgment immediately, investigate what happened, identify the proposed defence and prepare the application as quickly as reasonably possible. Any intervening delay needs an explanation.

## The Denton test: why a good defence is not enough

In *FXF v English Karate Federation Ltd* \[2023\] EWCA Civ 891, paragraphs 63–72, the Court of Appeal confirmed that the principles governing relief from sanctions apply to applications under CPR 13.3.

Those principles come from *Denton v TH White Ltd* \[2014\] EWCA Civ 906, paragraphs 24–38. The court considers three stages:

- **The seriousness and significance of the breach.** This concerns the failure to acknowledge service or file a defence that led to judgment, rather than merely the later delay in applying to set it aside.
- **Why the breach occurred.** The court examines the explanation for missing the deadline. An oversight, misunderstanding or failure to deal with proceedings does not automatically justify relief.
- **All the circumstances of the case.** Particular weight is given to efficient litigation at proportionate cost and enforcing compliance with rules, practice directions and orders. The court also considers the matters identified in CPR 13.3, including the proposed defence and promptness.

A defendant can therefore have a real prospect of successfully defending the claim and still be refused relief. Equally, a serious breach does not automatically make the application hopeless: the court must complete the assessment of all the circumstances.

## A practical example: restoring the opportunity to defend

I have acted for a defendant facing a substantial damages claim in which default judgment had been entered.

We demonstrated that there were significant disputed issues requiring determination at trial and acted promptly in bringing the application. The application addressed both the proposed defence and the procedural circumstances, explaining why the court should exercise its discretion to reopen the proceedings.

The application succeeded. That did not determine the underlying dispute in the client’s favour, but it restored the opportunity to defend the claim and have the disputed issues properly determined.

One key take away from this is that where you enter a draft defence to show the Claimant and the court what your Defence is going to look like, it helps in showing why there is a good reason the claim should be reopened.

Setting aside default judgment does not win the underlying case. It restores the opportunity to defend it.

## What evidence is needed to set aside a default judgment?

An application under CPR 13.3 must be supported by evidence: CPR 13.4(3).

The evidence needs to address both the proposed grounds for defending the claim and the procedural history. Depending on the circumstances, useful preparation will include:

- **The claim documents and judgment:** the claim form, particulars of claim, any response filed and the judgment itself.
- **A clear account of receipt and awareness:** when and how the defendant received the proceedings and learned of the judgment.
- **An explanation for the original default:** why the acknowledgment of service or defence was not filed in time, supported by relevant records where available.
- **An account of the steps taken afterwards:** what was done to investigate and respond, with an explanation for any delay.
- **The documents supporting the defence:** contracts, correspondence, invoices, payment records and other material showing the basis on which the claim is disputed.
- **A draft defence, where practicable:** setting out the proposed answer to the claim clearly and coherently.

This is a practical preparation checklist, not a list of separate mandatory requirements in every case. What matters is that the evidence addresses the actual grounds of the application. If the argument is that judgment was wrongly entered, the material should establish the relevant defect, rather than simply explain why the underlying claim is disputed.

## What should you do if you discover a default judgment?

Do not assume that judgment ends the matter, but do not assume that a good defence will be enough to reopen it either.

Obtain the documents, preserve the evidence and seek advice promptly. The first questions are whether judgment was properly entered, what grounds exist for setting it aside and whether the history supports the relief sought.

RM Clayton assists with commercial disputes, including applications to set aside default judgments. If you or your business has received a judgment in a disputed claim, [contact RM Clayton](https://www.rmclayton.co.uk/contact) to arrange a free initial 30-minute consultation.

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