To set aside a judgment in default, what must the defendant demonstrate?

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Study for the Solicitors Qualifying Examination SQE Stage 1. Prepare with flashcards and multiple choice questions. Every question includes hints and explanations. Ace your test with confidence!

Multiple Choice

To set aside a judgment in default, what must the defendant demonstrate?

Explanation:
When a default judgment is challenged, the test is whether the defendant has a real prospect of successfully defending the claim. The court uses this threshold to decide if there is a credible defence that could succeed at trial, justifying reopening the case. It’s not about hardship or about having no defence at all; it’s about whether there is a genuine, arguable defence worth moving forward. The claimant’s consent isn’t needed either—the court decides based on the merits and the prospects of defence.

When a default judgment is challenged, the test is whether the defendant has a real prospect of successfully defending the claim. The court uses this threshold to decide if there is a credible defence that could succeed at trial, justifying reopening the case. It’s not about hardship or about having no defence at all; it’s about whether there is a genuine, arguable defence worth moving forward. The claimant’s consent isn’t needed either—the court decides based on the merits and the prospects of defence.

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