Jurisdiction(s):
United Kingdom

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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...

Grounds and procedure to set aside settlement agreements and consent orders (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores when a Settlement Agreement can be undone, covering questions of validity arising from capacity, Mistake, illegality, fraud, so-called ‘sharp practice’, and duress.

Challenging the validity of a settlement agreement

If the soundness of a settlement embodied in a Tomlin order, or another consent final order, is disputed, and proceedings were already on foot before the settlement was reached, a party may apply within the extant proceedings to Set aside the court order giving effect to the compromise under CPR 3.1(2)(p).

That provision sits within the court’s general case management powers and allows the court to make whatever order is required for the proper management of the case and to promote the overriding objective.

Under general principles of contract law, there are scenarios in which a settlement agreement is ineffective and can be set aside. Examples include:

where a party lacks capacity (for example, a child or a person without capacity under the Mental Capacity Act 2005)—see: Setting aside a settlement agreement for lack of capacity below
where a party lacks authority to conclude a settlement on behalf of a corporate body or entity, or is

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Web page updated on 21/05/2026

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