CCJ Set Aside Guidance

rbceurope

DRAFT ORDER :

Upon reading the defendant’s application dated xx/xx/20xx

It is ordered that:

1.   The judgment dated xx/xx/20xx be set aside.

2.   The Claimant does pay the defendant's costs and consequential costs of the application.

3.   Pursuant to the Case Management powers of the Court under CPR 3.4(1) and the requirement for service of proceedings under CPR 7.5(1) the Claimant's claim is struck out for want of service within 4 months of issue

Coupon-mad

The Claimant do pay

rbceurope

DRAFT ORDER :

Upon reading the defendant’s application dated xx/xx/20xx

It is ordered that:

1.   The judgment dated xx/xx/20xx be set aside.

2.   The Claimant do pay the defendant's costs and consequential costs of the application.

3.   Pursuant to the Case Management powers of the Court under CPR 3.4(1) and the requirement for service of proceedings under CPR 7.5(1) the Claimant's claim is struck out for want of service within 4 months of issue

rbceurope

Have updated this to the WS 2.c

An order for the claimant to pay the defendant's costs and consequential costs of the application.

1505grandad

A heads-up  -  it is "Judgment" (no middle "e" in this context - google ccj)

rbceurope

1505grandad said:

A heads-up  -  it is "Judgment" (no middle "e" in this context - google ccj)

Thanks had that doubt as word doesn't complain for judgment or judgement didn't quite understand the difference, will Google it and change it in draft order & WS.

Le_Kirk

rbceurope said:

Not sure what I should replace point 2 with. just simply say "The Claimant to pay the Defendant’s costs of this application on an indemnity basis."

rbceurope said:

The Claimant does pay the defendant's costs and consequential costs of the application

I told you to add this to your draft order.

rbceurope

Le_Kirk said:

rbceurope said:

Not sure what I should replace point 2 with. just simply say "The Claimant to pay the Defendant’s costs of this application on an indemnity basis."

rbceurope said:

The Claimant does pay the defendant's costs and consequential costs of the application

I told you to add this to your draft order.

Yes & thanks, I did change but when reverted back to older version last those changes realised only when coupon-mad pointed it out.

jaycee31

Picking up on your update of 12:23am,  I think submission is to ccbcaq@, not ccbcfees@.

Coupon-mad

Either work.  But the other day someone got a set aside within a week by applying directly to Manchester, their local court.  Same was seen last year by applying to Southampton directly.

The worst that can happen is the local court pings it to the CCBC to go round the houses, if they aren't up for handling these quickly like Manchester & Southampton courts.