Notice of hearing of application to set aside judgement

[blooshmoo]

I have just received a Notice of Hearing of Application for an order to set aside judgement.

The defendant had previously acknowledged service of the claim but failed to put forward any defence within the allocated time frame, a judgement was then made in absence of a defence and baliffs became involved. Hasn't the defendent left it too late to do this? Also, as the claimant - is it necessary for me to attend the hearing as it would be very difficult due to work commitments? (I work in the medical profession and cannot get cover for the day). If i cannot attend is there any point in sending a friend along who witnessed the original events leading to the claim?

One final question?! - The notice of hearing i have received is very sparse regarding details - it doesn't state if i need to provide evidence at this stage - is this necessary?

Can anyone help with the above? - Advice greatfully received!

[steampowered]

Have you received a copy of the defendant's application to set aside judgment? If not, try to get this from the court.

 

If you cannot attend the hearing you should submit a witness statement in advance of the hearing and send a friend if possible. It doesn't matter whether or not the friend was involved. You don't need to provide evidence of your claim, as this is just an application to set aside judgment not a full hearing.

 

It is impossible to say whether the defendant has a good chance without knowing more details of your case. The most important factor is how long it has been since judgment, since the claimant is required to make applications to set aside promptly under the CPR.

[blooshmoo]

Thanks for that steampowered - much appreciated. (Despite phoning the court and searching extensively online ) finally some clear advice!

[steampowered]

Also have a read of http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

[Ganymede]

No point sending your friend as he will not be able to speak for you, especially as you will also not be there!

 

If you don't attend the Defendant will almost certainly be awarded the set aside.

 

As has been mentioned, you should at least send a Witness Statement opposing the application.