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

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

• A. It requires the defendant to show a real prospect of defending the claim.
• B. It requires substantial financial hardship.
• C. It requires no defence at all.
• D. It requires the claimant's consent.

Answer: (A)

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.