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A lucky Defendant – our litigaton solicitors explain a recent case


If you are a Defendant in a claim, and fail to serve a Defence (a legal document responding to the claim being made against you), the claiming party can obtain default judgment against you. In other words, Judgement based upon your default of note filing a defence on time. If this occurs, you can apply to set aside Judgment, however the tests applied by the courts are strict, with one of the criteria being that the application to set aside must be made promptly. It is one of the important matters that the court looks at when considering the application.

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