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The default-judgment file shows service at an address the claimant knew was obsolete, judgment entered before the response date and evidence that part of the claim had already been paid. Sort the relevant checks—service, Part 12 entitlement and satisfaction—before deciding whether CPR 13.2 mandates set aside or CPR 13.3 discretion is needed.
A haulage company seeking to set aside an injury judgment pleads that an independent contractor controlled the van and exhibits the hire agreement, GPS record and contractor's statement. Explain how the coherent legal defence, specific facts and supporting evidence can amount to a real rather than fanciful prospect.
You appear for an injured claimant resisting a courier company's application to set aside a GBP 45,000 default judgment. The draft defence says the driver was on a personal trip but exhibits no rota, GPS record or witness evidence. Explain why that assertion lacks a real evidential prospect without asking the court to try the defence finally.
Judgment came to the defendant's attention on 1 May, but the set-aside application was not issued until 20 June. The explanation covers the original mailroom failure but says nothing about those seven weeks. Show why CPR 13.3 requires a complete chronology after knowledge and how unexplained delay affects discretion and prejudice.
You appear for an injured claimant resisting a courier company's application to set aside default judgment. Its draft defence alleges a personal trip but provides no route record or witness evidence. The judge asks, 'Does that defence itself require a trial?' Answer directly and connect the missing evidence to the CPR 13.3 real-prospect threshold.
You appear for a warehouse worker resisting a company's application to set aside a GBP 50,000 default judgment. If the court is minded to grant relief, propose conditions that protect enforcement, require a prompt defence, address payment into court or security if justified, and allocate the costs caused by the default and application.
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