Set aside

A judgment against you does not always have to be the end of the story. Here is when the court can cancel a county court judgment, when it must, and how to apply.

What is the difference between set aside and an appeal?

Set aside asks the same court to cancel a judgment, usually because the defendant never had a fair chance to respond — for example a default judgment entered while a defence was still being prepared, or because of an error in how the claim was served. An appeal asks a higher court to review whether a judge made a mistake after actually hearing the case. Set aside is generally quicker, cheaper and does not require permission from a higher court, but it is only available in limited circumstances.

How quickly do I need to apply to set aside a judgment?

As soon as possible after you find out about it. The Civil Procedure Rules require applications to be made promptly, and courts weigh delay heavily even where the underlying defence looks strong. There is no fixed number of days for a discretionary set aside application, but waiting weeks without a good reason materially reduces your chances of success.

Will I automatically win my case if the judgment is set aside?

No. Setting aside a judgment only reopens the case — it gives you the opportunity to defend the claim on its merits. You still need to file a defence and, if the case proceeds, prove it at a hearing in the normal way. Set aside removes the judgment against you; it does not decide who is right.

What if the judgment was for the correct amount but I just missed the deadline to respond?

You would normally need to show a real prospect of successfully defending the claim, or some other good reason to set the judgment aside, under CPR 13.3. Simply missing a deadline is not enough on its own — the court also looks at whether you have an arguable defence, how promptly you applied once you found out, and the reason for the delay.

Do I have to pay a fee to apply to set aside a judgment?

Usually yes, using Form N244. The fee depends on the type of application and is published in the HMCTS EX50 fees schedule, which changes periodically, so check the current figure on GOV.UK before applying. A fee remission may be available if you are on a low income or receive certain benefits.

Can a judgment be set aside if I was never properly served with the claim?

Yes — and in that situation the court has a mandatory duty to set the judgment aside under CPR 13.2, rather than a discretionary power under CPR 13.3. Improper service, or judgment entered before the time to respond had actually expired, are treated as procedural defects that entitle you to have the judgment cancelled, regardless of the strength of your underlying defence.

Small Claims · Glossary

Last reviewed: July 2026

is an application asking the court to cancel a judgment — most often a default judgment entered because a defendant did not respond in time — so that the case can be defended properly, either because the court has no choice (a procedural defect) or because it decides it is fair to allow a defence to be heard.

Where this comes from

Civil Procedure Rules, Part 13

— the rules governing when a default judgment must, or may, be set aside.

Civil Procedure Rules, Part 23

— the general procedure for making an application, using Form N244.

HMCTS EX50 fees schedule

— current fee for making an application, updated periodically.

Two routes to setting a judgment aside

The Civil Procedure Rules recognise two different situations, and the court's approach to each is quite different. The first is a

set aside under CPR 13.2, which applies where a judgment was wrongly entered in the first place — for example because the defendant had already paid the full amount claimed before judgment was entered, or judgment was entered before the deadline to respond had actually passed. Where one of these conditions is met, the court has no discretion: the judgment has to be set aside.

set aside under CPR 13.3, which applies where the judgment was properly entered but the defendant wants a chance to defend the claim anyway. Here the court weighs whether the defendant has a real prospect of successfully defending the claim, or whether there is some other good reason for the judgment to be set aside or the defendant to be allowed to defend — and it also considers how promptly the application was made.

Mandatory — CPR 13.2

Judgment entered before the time to respond had expired, before the claim was properly served, or after the whole claim had already been paid.

Discretionary — CPR 13.3

A real prospect of successfully defending the claim, or some other good reason — assessed alongside how promptly the defendant applied.

How it works in practice

A defendant moves house shortly before a small claim is issued against them. The claim form is sent to the old address and the defendant never sees it, so no defence is filed and the claimant obtains a default judgment for £3,200.

Six weeks later, the defendant discovers the judgment when a county court judgment appears on their credit file. They apply promptly using Form N244, supported by a witness statement explaining the address change, when they actually learned of the claim, and a summary of a genuine defence — that the goods delivered did not match what was ordered.

Because the defendant applied without unreasonable delay once they discovered the judgment, and has put forward a defence with a real prospect of success, the court sets the judgment aside under CPR 13.3 and gives directions for the case to proceed to a normal hearing. The county court judgment record is corrected once the judgment is formally set aside.

• Applying too slowly.
• Delay after discovering a judgment, without a good explanation, is one of the most common reasons a discretionary application fails — even where the underlying defence has genuine merit.
• Assuming a technical error is automatically fatal for the claimant.
• Minor procedural slips do not always meet the threshold for a mandatory set aside. Check the specific ground carefully rather than assuming any irregularity is enough.
• Filing no evidence of a real defence.
• Under the discretionary route, the court wants to see that a genuine defence exists, not just that the defendant would prefer another chance. A bare denial with no supporting detail rarely succeeds.
• Forgetting that set aside does not decide the case.
• Even a successful application only reopens the claim for a proper hearing — the underlying dispute still has to be argued and proved.

Frequently asked questions

Sources & further reading

• Civil Procedure Rules, Part 13
• — default judgment (justice.gov.uk)
• Civil Procedure Rules, Part 23
• — applications (justice.gov.uk)
• EX50 — civil and family court fees
• Respond to a money claim

Facing a default judgment?

Start My Claim helps you prepare the evidence an N244 application needs and keeps track of every deadline.

Last reviewed: July 2026.

References checked against the Civil Procedure Rules as in force on 6 July 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.