A default judgment was regularly entered against Chen after he missed the deadline. He applies promptly to set it aside and shows a real prospect of defending. What is the likely outcome?
Answer and explanation
Correct answer: C. The court has a discretion under CPR 13.3 and is likely to set it aside
- Step 1: CPR 13.2 mandatory setting aside applies only where judgment was wrongly entered, for example before the time for a defence expired.
- Step 2: Where the judgment was regularly entered, CPR 13.3 gives a discretion if there is a real prospect of defending or another good reason, and the applicant has acted promptly.
Answer
The court has a discretion under CPR 13.3 and is likely to set it aside.
Why not the others: 13.2 is for wrongly entered judgments; regular judgments can be set aside under 13.3; the claimant's consent is not required.
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