13.3—(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if—
(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(GL) 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.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
[F1(Article 19(4) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters applies to applications to appeal a judgment in default when the time limit for appealing has expired)]
Textual Amendments
F1Words in rule 13.3 inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 10
Commencement Information