What to Do If You Missed the Defence Deadline
When a civil claim is served on you, you have 14 days to file a defence (or 28 days if you filed an acknowledgement of service). Missing this deadline risks default judgment โ but relief is available if you act quickly.
Quick Answer
If you have missed the deadline to file your defence, act immediately. The claimant may already have applied for default judgment. Contact the court and the claimant's solicitors without delay. If no default judgment has been entered yet, file your defence at once. If default judgment has been entered, apply to set it aside under CPR r.13 as a matter of urgency. Your prospects improve significantly the sooner you act.
Full Explanation
When a civil claim is served on a defendant, the Civil Procedure Rules give strict deadlines to respond. If the claim form is served alone, the defendant has 14 days from service to file a defence or an acknowledgement of service. Filing an acknowledgement of service extends the deadline to file a defence to 28 days from service. These deadlines are strictly enforced because the claimant needs certainty about whether the claim will be contested.
If the deadline passes without a defence being filed, the claimant is entitled to apply to the court for a default judgment under CPR Part 12. For money claims, default judgment can be entered by the court's administrative process (without a hearing) simply on a request by the claimant. For other claims (for example, injunctions or possession orders), the claimant must apply to a judge. A default judgment is a full court judgment against you, which can immediately be enforced by charging orders on property, attachment of earnings orders, or by sending High Court Enforcement Officers (HCEOs).
The first step on realising the deadline has been missed is to check MCOL (Money Claim Online), the court file, or to contact the court to find out whether default judgment has already been entered. If not, file the defence immediately โ even a skeleton defence will prevent default judgment being entered. Notify the claimant's solicitors by email. The court will likely still accept a late defence before judgment is formally entered.
If default judgment has been entered, you must apply to set it aside under CPR r.13. Setting aside as of right (r.13.2) applies where the judgment should not have been entered at all โ for example, where the claim was served at the wrong address or the defendant had already paid. In all other cases, r.13.3 gives the court a discretion to set aside if the defendant has a real prospect of successfully defending the claim or there is some other good reason. The court will also consider the promptness of the application โ the longer you wait, the less sympathetic the court will be.
The application is made on Form N244 with a supporting witness statement explaining: the reason the defence was not filed in time; the merits of the proposed defence (attaching a draft); any prejudice to the claimant from setting aside; and the promptness of the application. A court fee applies (currently ยฃ303 for a hearing). Even if the application is successful, costs may be awarded against you for causing the claimant to apply for judgment.
Legal Basis
- ยงCivil Procedure Rules 1998, Part 12 (default judgment)
- ยงCivil Procedure Rules 1998, Part 13 (setting aside or varying default judgment)
- ยงCivil Procedure Rules 1998, rr.15.4โ15.5 (time to file defence)
- ยงDenton v TH White Ltd [2014] EWCA Civ 906 (relief from sanctions โ three-stage test)
What To Do
Check Whether Default Judgment Has Been Entered
Check MCOL (Money Claim Online) or call the court to confirm whether the claimant has already applied for and obtained default judgment. If no judgment has been entered, proceed immediately to step 2. If judgment has been entered, go to step 4.
File Your Defence Immediately
If no default judgment has been entered, prepare and file your defence at once via MCOL (for money claims) or by delivering Form N9B to the court. Simultaneously notify the claimant's solicitors by email that you are filing a defence. Even a brief, reasoned defence will stop the claimant obtaining default judgment.
Apply for an Extension of Time (if needed)
If you need more time to prepare a fuller defence, apply to the court for an extension under CPR r.3.1(2)(a) or ask the claimant's solicitors to agree an extension. Courts generally allow reasonable extensions where requested promptly and with good reason.
Apply to Set Aside the Default Judgment
Complete Form N244 and attach a witness statement explaining: why the defence was not filed in time; the merits of your defence (attach a draft defence); why it is just to set the judgment aside. Pay the required fee. File at the court where the judgment was entered.
Take Legal Advice
Instructing a solicitor immediately substantially improves your prospects of success. A solicitor can draft a credible witness statement and draft defence, identify the strongest grounds for setting aside, and deal with urgent enforcement stays if needed.
Important Deadlines
Important Warnings
Do not wait โ every day without action makes a set-aside application less likely to succeed. Courts are less sympathetic to defendants who delay after they become aware of a judgment.
If enforcement action begins (bailiffs, charging orders), apply urgently to stay enforcement pending the set-aside application. The application is made on Form N244 with a specific request for a stay.
A set-aside application is not guaranteed to succeed โ the court weighs the merits of the defence, the reason for the default, and the prejudice to the claimant. A strong draft defence significantly improves prospects.