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Civil Applications - Coggle Diagram

- - - - (no discretion)
        
        (1) Defence filed before the default judgment; Clements v Berrymans; No default judgment where defence is filed before judgment, albeit late
        (2) D applied for summary judgment or C's statement of case to be struck out before default judgment;
        (3) D filed or served an admission of liability to pay all the money claimed together with a request for time to pay; or
        (4) The whole claim was satisfied before judgment
        [DELAY WILL NOT PREVENT SETTING ASIDE]
    - - (1) D has a real prospect of successfully defending the claim; or
        (2) Other good reason (i) to set aside/vary judgment or (ii) to allow D to defend the claim.
        
        Denton 3-stage test for relief from sanctions has considerable relevance to good reason ground
        -Workman v Deansgate: Breach was not serious, set aside even though there was a good reason.
        -Rahman v Rahman: Court should consider nature of defence/prejudice/delay/overriding objective.
        -Hart v Fidler: unreasonable action by C's solicitor was a good reason
        Antoniou v Georgallides: D was unwell and the seriousness of allegations was a good reason
        
        UNDER 13.3 Court discretion must have regard to...
        
        (1)Whether the application was made promptly (2) Overriding Objective (CPR 1.1)(3) Whether prejudice may be caused to C
- - - - (2)The respondent has no real prospect of success
      - (1) The respondent has no real prospect of success
        
        Three Rivers Council v Bank of England