CCJ Set Aside Hearing: What to Expect and How to Prepare Your Court Bundle

Before the Hearing

A set-aside application on Form N244 is heard as an interim application before a District Judge at the county court. Most hearings last 15 to 30 minutes, though complex cases or those where the claimant vigorously opposes can run longer.

The court will confirm the hearing date, time, and format in the hearing notice. Stating a preference on Form N244 does not guarantee that format; current HMCTS guidance says remote hearings are available only where at least one party is legally represented.

Prepare a hearing bundle. The bundle is the set of documents the judge works from. It must be indexed, paginated, and include:

• Your Form N244 application notice
• Your witness statement and all exhibits (address proof, correspondence, payment records)
• Your draft defence (Form N9B)
• The claim form (Form N1) and particulars of claim
• The default judgment order (Form N225 or N227)
• The certificate of service (Form N215), if you have obtained it
• Any correspondence between you and the claimant about the dispute

For an in-person hearing, bring three copies: one for the judge, one for the claimant, and one for yourself. For a remote hearing, file an electronic PDF bundle with the court by the deadline in the administrative directions — it should be searchable, with electronic bookmarks matching the index.

What Happens in the Room

The judge reads the application and witness statement before the hearing starts. When the hearing opens, the applicant (you) speaks first. The judge will ask you to explain your grounds:

For CPR 13.2 (mandatory set-aside): You are showing that the judgment was wrongly entered. The focus is on whether service was valid under CPR Part 6 — was the claim sent to the right address? Had the deadline actually expired? Had you already filed a response? If you establish a procedural defect, the judge must set aside the judgment without weighing the merits of the dispute.

For CPR 13.3 (discretionary set-aside): The court considers whether you have a real prospect of successfully defending the claim or some other good reason for relief, and must consider whether you applied promptly. It also applies the three-stage Denton v TH White framework: how serious the default was, why it happened, and all the circumstances.

The claimant (or their solicitor) then responds. They may argue that service was valid, that you knew about the claim, or that your proposed defence has no real prospect of success.

What the Judge Can Order

Three outcomes are possible:

Unconditional set-aside. The judgment is vacated, the Register entry is deleted, and the claim proceeds as a defended matter. The judge will give directions — usually ordering you to file a defence within 14 days.

Conditional set-aside. The judgment is set aside, but subject to a condition. One possible condition is paying the claimed amount (or a portion) into court within the period set by the order. Failure to meet the condition reinstates the judgment.

Refusal. The application is dismissed. The default judgment stands, enforcement can resume, and the judge may order you to pay the claimant's hearing costs.

Practical Tips

Arrive early — court lists run in order, and you may be called before the time on your notice. Dress professionally but do not worry about formality beyond that. Address the judge as "Sir" or "Madam."

If the claimant does not attend, the judge decides whether to proceed. If you cannot attend, do not simply skip it — apply for an adjournment in advance. A lay representative can speak for you under the ordinary rules only if you are present in person.

The Setting Aside a CCJ Guide includes a hearing preparation checklist, a bundle assembly guide, and a rundown of the questions judges typically ask at set-aside hearings.

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