[2025] EWHC 1972 (Comm)

CPR r.13.3 of the provides as follows:

“13.3—(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if—

(a)

the defendant has a real prospect of successfully defending the claim; or

(b)

it appears to the court that there is some other good reason why—

(i)

the judgment should be set aside or varied; or

(ii)

the defendant should be allowed to defend the claim.

(2)

In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(CPR 3.1(3) provides that the court may attach conditions when it makes an order.)”

The power to set aside a judgment under CPR r.13.3 is a discretionary one. That discretion is to be exercised according to the Denton principles for relief from sanctions in order to avoid injustice, and where, in all the circumstances of the case generally the court should exercise the discretion in the defendant’s favour. It is not something which the court will do lightly where a claimant has validly obtained a regular judgment in accordance with Part 12.