[2025] EWHC 1972 (Comm)

To come within CPR r.13.3(1)(b), there should be some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend the claim. In Godwin v Swindon Borough Council [2001] EWCA Civ 1478, May LJ said (at [49]):

“Rule 13.3(1)(b) has a disjunctive alternative, so that the court may set aside or vary judgment entered in default if it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim. In my view, [CPR r.13.3(1)(b)] is plainly capable of extending to circumstances where the defendant has not received the claim form and particulars of claim before judgment was entered against him. It is not an absolute right, but does not have to depend on the defendant having a real prospect of successfully defending the claim. The court therefore has sufficient power to do justice in these cases and will, no doubt, normally exercise this discretion in favour of a defendant who establishes that he had no knowledge of the claim before judgment in default was entered unless it is pointless to do so. The defendant, for instance, may have no defence to the claim, but may justifiably want to have the judgment set aside on the basis that, had he known about the claim, he would have satisfied it immediately without having an embarrassing judgment recorded against him. There may also be questions of costs.”

Godwin was not a case about setting aside a regular judgment obtained by default, but rather a case where by mistake the claimant had failed to serve the claim form within the permitted time period. The observations made by May LJ were within the context of considering the court’s power under CPR r.3.1(2) to grant discretionary extensions of time, but they provide helpful guidance for the court in considering an application under CPR r.13.3(1)(b).

CPR r.13.3(2) requires the defendant to act promptly in seeking to set aside.