CPR 13.2 is the mandatory set aside rule in civil proceedings. Where its conditions are met, the court must set aside a default judgment. The most important application of the rule is where service of the claim form was not effective. If you have been served with a default judgment for a claim you never knew about, CPR 13.2 may be the route to set it aside.
This guide explains how CPR 13.2 works, the evidence needed to establish that service was not effective and the procedure to follow.
CPR 13.2 provides that the court must set aside a default judgment where:
The first ground is the most commonly relied on. It covers situations where the claimant was not entitled to enter judgment, including where service was not effective.
If the conditions are met, the court must set aside the judgment. The court has no discretion to refuse.
The court may set aside the judgment if there is a real prospect of defending the claim or another good reason. The court has wide discretion.
CPR 13.2 is the stronger route where it applies because the outcome is mandatory. CPR 13.3 is the wider route, available where the substantive defence has merit even if the procedural grounds are not made out.
The CPR contains detailed rules about service. Service can fail to be effective for several reasons:
The claim was sent to an address that was not the defendant's address. The claimant relies on rules permitting service at the defendant's last known address, but if that address is genuinely no longer the defendant's, service is not effective.
The defendant moved before service. Even where the new address was not notified to the claimant, the question is whether the claimant took reasonable steps to identify the right address.
The claim was served by a method not permitted for that type of party (for example, service on a registered office for a company, or service on a usual residence for an individual).
The documents served were not the full set required, or were not served by the deemed date of service.
For corporate defendants, service must be at the registered office. For individuals, service must be on the individual or at their usual or last known residence.
CPR 6 contains detailed rules about deemed service. The key principles are:
The deemed service date matters because it triggers the time periods for acknowledging service and filing a defence.
The application is made on Form N244, supported by a witness statement.
The witness statement must address:
A court fee is payable. The amount depends on the nature of the application.
The application must be served on the claimant.
The hearing is usually short (30 minutes to an hour). Both sides make submissions. The court decides whether the conditions of CPR 13.2 are met.
The most important evidence in a CPR 13.2 application is evidence that service was not effective. Useful evidence includes:
Records showing where you actually lived at the relevant time: tenancy agreements, utility bills, council tax bills, electoral roll records.
Royal Mail redirection orders, evidence of post being forwarded.
Evidence that you notified the claimant of a change of address (for example, in correspondence before the claim was issued).
If you and the claimant were in contact through email or telephone, evidence of how they could have reached you.
Statements from family members, employers or former residents at the address used by the claimant.
If the address used by the claimant is occupied by someone else, a statement from that person confirming they did not pass on the documents.
Although CPR 13.2 is mandatory in setting aside, the court will still consider whether the application has been made promptly. CPR 13.4 sets out the requirement.
"Promptly" means as soon as reasonably possible after becoming aware of the judgment. The court will consider:
Significant delay can result in the application being refused even where the substantive grounds under CPR 13.2 are made out.
If the judgment is set aside under CPR 13.2, the position returns to where it was before default judgment was entered. The defendant has the right to file a defence and the case proceeds.
The court may also make orders about:
The court has discretion on costs. The starting point depends on who was responsible for the situation:
The defendant is usually awarded costs against the claimant.
Costs may go either way. The court considers whose conduct was reasonable.
The defendant may not get costs. For example, where they failed to notify of a change of address despite previous correspondence.
Some situations involve technically valid service but where the defendant genuinely did not know about the claim. In these cases:
The right approach is usually to apply on both CPR 13.2 and CPR 13.3 grounds, allowing the court to choose the appropriate basis.
Where you discover a CCJ against you that you did not know about:
Get a copy of the judgment from the court and a copy of the claim form.
Identify where the claim was supposedly served, your actual address at the time, and any evidence about the service attempt.
Is the underlying claim legitimate, even if you did not know about it? This affects strategy: if there is a strong defence, set aside reopens the issue; if not, you may end up with the same judgment.
Specialist advice on the prospects of set aside and the strategy for any subsequent proceedings is usually worthwhile.
Set aside applications need careful preparation. A weak application can fail even where the underlying position would have justified set aside.
Bare assertions are not enough. The court needs documentary evidence of where you actually lived.
The most common reason applications fail. Move quickly.
Even if you succeed in setting aside, the claim continues. Plan for the next stage.
CPR 13.2 applications can be straightforward where service was clearly defective, but they are also commonly contested. For any meaningful sum, taking specialist advice on the application is worthwhile.
A direct access barrister with civil litigation experience can advise on the prospects, draft the witness statement and represent you at the hearing on a fixed fee.
Whether you need full representation at a hearing or just a one-off conference to take advice, our team can match you with the right specialist quickly. There is no charge for the initial enquiry. Tell us what you are dealing with and we will arrange a fixed-fee quote.