Jurisdiction(s):
United Kingdom

Key definition

Set aside definition

What does Set aside mean? In practice, to set aside means the court vacates (cancels) a judgment, order or procedural step so the case reverts to the position before it was made or taken. The expression is used across civil and insolvency procedure and reflected in court rules and case law rather than a single statutory definition. Usage is broadly consistent in England & Wales, Northern Ireland and Ireland; in Scotland the equivalent remedies are “recall” (of decree/interlocutor) or “reduction”, though practitioners may use “set aside” descriptively. Typical applications to set aside include: default judgment; orders made without notice (ex parte); steps taken following irregular service...

Forum non conveniens in service-out applications (England and Wales): principles, evidential burdens, connecting factors, justice requirement, and challenging or setting aside permission

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines how to approach forum non conveniens arguments when applying to Set aside an order permitting service out of the jurisdiction on the basis that the Claim form was not validly served.

An application for permission to serve a claim form outside the jurisdiction requires, among other matters, the court to decide whether England and Wales is the appropriate place to determine the dispute. Permission to serve in another jurisdiction will only be given if the courts of England and Wales (the English courts) have jurisdiction. A defendant may seek to have an order authorising service out set aside if they consider the English courts do not have jurisdiction, or that the courts of another jurisdiction are the proper forum.

For guidance on:

how to set aside an order granting permission, see Practice Note: Cross-border service—setting aside an order granting permission to serve out of the jurisdiction
forum non conveniens in jurisdiction challenge applications, see Practice Note: Forum non conveniens—challenging jurisdiction. This applies in cases in which there has been valid service
the principles of the forum non conveniens doctrine, see Practice Note: Forum...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...