PART 13SETTING ASIDE OR VARYING DEFAULT JUDGMENT

Application to set aside or vary judgment—procedureI113.4

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 F7or, in the County Court, sent to another defendant’s home court F4...; and

d

the defendant is an individual,

F5in 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

F1...

F21A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31B

Where—

a

the claim is for a specified amount of money;

b

the claim F8has been started in the F11Civil National Business Centre;

c

the claim has not been F10sent to a County Court hearing centre; and

d

the defendant is not an individual,

F9an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre..

F61C

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.