PART 13SETTING ASIDE OR VARYING DEFAULT JUDGMENT

Application to set aside or vary judgment—procedure13.4

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 to another defendant’s home court under rule 14.12 (admission—determination of rate of payment by judge) or rule 26.2 (automatic transfer); and

d

the defendant is an individual,

the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

(Rule 2.3 explains which court is a defendant’s home court)

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.