Jurisdiction(s):
United Kingdom

Key definition

Default judgment definition

What does Default judgment mean? In civil litigation, a default judgment is a court order deciding a claim without a trial because the defendant has not responded in time—typically by failing to file an acknowledgment of service or a defence after valid service. In England and Wales, this is governed by the Civil Procedure Rules (CPR) Part 12, with applications to set aside or vary under CPR Part 13 where the judgment was irregularly entered or the defendant shows a real prospect of successfully defending the claim or another good reason. In Northern Ireland, comparable provisions exist in the Rules of the...

How to apply to set aside default judgment (CPR 13): applications, evidence, Denton, promptness, draft defence/order, available orders and costs—England and Wales

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Practice notes

Practice Note

This Practice Note offers practical direction on applying to Set aside a judgment entered against a defendant who did not file an acknowledgment of service or a defence (a Default judgment, or judgment in default). For an outline of the grounds on which a default judgment can be set aside, see the following Practice Notes:

Setting aside default judgment—mandatory grounds (CPR 13.2)
Setting aside default judgment—discretionary grounds (CPR 13.3)

An Application to set aside default judgment is an application for a court order, so the core procedure is contained in CPR 23 and CPR PD 23A. Guidance on preparing a CPR-compliant application is set out in Practice Note: How to make an application for a court order (CPR 23). You should familiarise yourself with that guidance before making any application to the court, as it provides the starting point for all applications governed by CPR 23 and CPR PD 23A.

The sections that follow draw attention to particular features of the applications process that are specific to setting aside default judgment. What follows should be read as a supplement to, and not a replacement for, the general guidance mentioned above. This Practice Note provides guidance on the interpretation...

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Web page updated on 21/05/2026

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