What is the purpose of a witness statement in a CCJ set-aside application?

A witness statement is required to support an application to set aside a default County Court Judgment under Civil Procedure Rules Part 13. It provides the court with your personal account of the facts, the grounds for setting aside the judgment, and an outline of your defence. The statement must be verified by a statement of truth, confirming that the facts stated are true to the best of your knowledge.

What are the legal grounds for setting aside a default judgment?

There are two main grounds for setting aside a judgment under CPR 13. Under CPR 13.2, the court must set aside the judgment if it was wrongly entered. Under CPR 13.3, the court may set it aside if you have a real prospect of successfully defending the claim on the merits. Your witness statement should clearly specify which ground applies and provide the relevant details.

How does delay affect my application to set aside a CCJ?

Delay is a significant factor in these applications. Under CPR 13.3(2), failing to act promptly weighs against the application. If there has been any delay in applying to set aside the judgment, you must include an explanation in your witness statement detailing why the delay was reasonable. Without a good explanation for significant delay, the application is less likely to succeed.

What specific information must be included in the witness statement?

Your witness statement must include your name and address, the claim number, and the date the judgment was entered. It must outline the grounds for setting aside the judgment, provide a real prospect of a successful defence, and explain any delay. It should also include any other matters the court should consider, such as settlement offers or conduct, and end with a signed statement of truth.

When should I avoid using this witness statement template?

You should not use this template if the judgment is more than a year old without a good explanation for the delay, or if you have already paid the judgment. Additionally, if your case is complex, you should consult a solicitor before proceeding. The application must be made on the correct form, N244, with the appropriate fee or fee remission.

Do I need to sign a statement of truth?

Yes, the witness statement must include a statement of truth. By signing it, you confirm that you believe the facts stated are true. The document warns that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth without an honest belief in its truth.

← All Templates

Civil Litigation

Civil Procedure

Updated 2026-05-21

CCJ Set-Aside Witness Statement

Outline witness statement supporting an application to set aside a default County Court Judgment under CPR 13.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

A default CCJ has been entered against you and you want it set aside on the merits (CPR 13.3) or because it was wrongly entered (CPR 13.2).

When NOT to use this template

Before consulting a solicitor for complex matters; if the judgment is more than a year old without a good explanation for the delay; if you have already paid the judgment.

Legal Basis

Civil Procedure Rules Part 13.

Before you send

Failing to act promptly — delay weighs against the application under CPR 13.3(2)
Not setting out a real prospect of successfully defending the claim
Failing to apply on the correct form (N244) with a fee or fee remission

Common Mistakes to Avoid

✗Failing to act promptly — delay weighs against the application under CPR 13.3(2)
✗Not setting out a real prospect of successfully defending the claim
✗Failing to apply on the correct form (N244) with a fee or fee remission

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Date of statement*

Court claim number*

Claimant's name*

Your name*

Your address*

Date judgment was entered*

Grounds for set-aside (CPR 13.2 must, CPR 13.3 may)*

Outline of your defence*

Why any delay was reasonable*

Other matters (settlement offers, conduct)*

Letter preview

IN THE COUNTY COURT MONEY CLAIMS CENTRE

Claim No: [COURT CLAIM NUMBER]
BETWEEN: [CLAIMANT'S NAME] (Claimant) and [YOUR NAME] (Defendant)

WITNESS STATEMENT OF [YOUR NAME]

I, [YOUR NAME], of [YOUR ADDRESS], will say as follows:

1. I am the defendant in this claim. The facts set out in this statement are within my own knowledge save where otherwise stated.

2. I respectfully apply to set aside the default judgment entered against me on [DATE JUDGMENT WAS ENTERED] pursuant to CPR 13.2 and/or 13.3.

Grounds for set aside

3. [GROUNDS FOR SET-ASIDE (CPR 13.2 MUST, CPR 13.3 MAY)]

Real prospect of successful defence

4. [OUTLINE OF YOUR DEFENCE]

Delay (if any) and explanation

5. [WHY ANY DELAY WAS REASONABLE]

Other matters the court is invited to consider

6. [OTHER MATTERS (SETTLEMENT OFFERS, CONDUCT)]

Statement of truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ___________________________

Name: [YOUR NAME]
Date: [DATE OF STATEMENT]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Official Resources

CPR Part 13 →Form N244 →

Frequently asked questions

What is the purpose of a witness statement in a CCJ set-aside application?: A witness statement is required to support an application to set aside a default County Court Judgment under Civil Procedure Rules Part 13. It provides the court with your personal account of the facts, the grounds for setting aside the judgment, and an outline of your defence. The statement must be verified by a statement of truth, confirming that the facts stated are true to the best of your knowledge.
What are the legal grounds for setting aside a default judgment?: There are two main grounds for setting aside a judgment under CPR 13. Under CPR 13.2, the court must set aside the judgment if it was wrongly entered. Under CPR 13.3, the court may set it aside if you have a real prospect of successfully defending the claim on the merits. Your witness statement should clearly specify which ground applies and provide the relevant details.
How does delay affect my application to set aside a CCJ?: Delay is a significant factor in these applications. Under CPR 13.3(2), failing to act promptly weighs against the application. If there has been any delay in applying to set aside the judgment, you must include an explanation in your witness statement detailing why the delay was reasonable. Without a good explanation for significant delay, the application is less likely to succeed.
What specific information must be included in the witness statement?: Your witness statement must include your name and address, the claim number, and the date the judgment was entered. It must outline the grounds for setting aside the judgment, provide a real prospect of a successful defence, and explain any delay. It should also include any other matters the court should consider, such as settlement offers or conduct, and end with a signed statement of truth.
When should I avoid using this witness statement template?: You should not use this template if the judgment is more than a year old without a good explanation for the delay, or if you have already paid the judgment. Additionally, if your case is complex, you should consult a solicitor before proceeding. The application must be made on the correct form, N244, with the appropriate fee or fee remission.
Do I need to sign a statement of truth?: Yes, the witness statement must include a statement of truth. By signing it, you confirm that you believe the facts stated are true. The document warns that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth without an honest belief in its truth.