13.4—(1) Where—
(a)the claim is for a specified amount of money;
(b)the judgment was obtained in a court which is not the defendant’s home court;
(c)the claim has not been transferred [F1or, in the County Court, sent] to another defendant’s home court F2...; and
(d)the defendant is an individual,
[F3in the High Court the court will transfer, or, in the County Court, the court officer will send,] an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court
F4...
F5(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(1B) Where—
(a)the claim is for a specified amount of money;
(b)the claim [F7has been started in the [F8Civil National Business Centre]] ;
(c)the claim has not been [F9sent to a County Court hearing centre; and]
(d)the defendant is not an individual,]
[F10an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre.].
[F11(1C) If a claim is sent to a preferred hearing centre pursuant to paragraph (1B) any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.]
(2) Paragraph (1) does not apply where the claim was commenced in a specialist list.
(3) An application under rule 13.3 (cases where the court may set aside(GL) or vary judgment) must be supported by evidence.
Textual Amendments
F1Word in rule 13.4(1)(c) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(i)(aa); S.I. 2014/954, art. 2(a)
F2Words in rule 13.4(1)(c) omitted (19.3.2012) by virtue of The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 6(a)
F3Words in rule 13.4 substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(i)(cc); S.I. 2014/954, art. 2(a)
F4Words in rule 13.4 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 5
F5Rule 13.4(1A) omitted (2.10.2000) by virtue of The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 7
F6Rule 13.4(1B) inserted (19.3.2012) by The Civil Procedure (Amendment No.4) Rules 2011 (S.I. 2011/3103), rules 1, 6(b)
F7Words in rule 13.4(1B)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(ii)(aa); S.I. 2014/954, art. 2(a)
F8Words in rule 13.4(1B)(b) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 6
F9Words in rule 13.4(1B)(c) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(ii)(bb); S.I. 2014/954, art. 2(a)
F10Words in rule 13.4(1B) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(ii)(cc); S.I. 2014/954, art. 2(a)
F11Rule 13.4(1C) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 9(b)(iii); S.I. 2014/954, art. 2(a)
Commencement Information