PART 27THE SMALL CLAIMS TRACK
Setting judgment aside and re-hearingI127.11
1
A party—
a
who was neither present nor represented at the hearing of the claim; and
b
who has not given written notice to the court under rule 27.9(1),
may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard.
2
A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.
3
The court may grant an application under paragraph (2) only if the applicant—
a
had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and
b
has a reasonable prospect of success at the hearing.
4
If a judgment is set aside(GL)—
a
the court must fix a new hearing for the claim; and
b
the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside(GL) the judgment.
5
A party may not apply to set aside(GL) a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10.