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- When the court makes an order, a party affected by the order is entitled to apply to have it set aside, varied or stayed12. The parties are also entitled to apply to the court to have an order set aside or varied if it was made by the court of its own initiative or without a hearing3. In any other case, the court may set aside or vary a judgment entered under Part 12 if the defendant has a real prospect of successfully defending the claim or if there is some other good reason why the judgment should be set aside or varied4.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.CPR 3.3 (5) provides that when the court makes such an order, a party affected by the order is entitled to apply to have it set aside, varied or stayed; and this is the provision governing the application.www.civillitigationbrief.com/2018/08/30/setting-asid…Where the Court makes such an order - i.e without all interested parties having had an opportunity to make representations first (which, for convenience, will be called a '3.3 (4) Order'), the parties are entitled to apply to the Court under CPR r.3.3 (5) (a), for an order that the 3.3 (4) Order be set aside, varied or stayed.www.33bedfordrow.co.uk/insights/bulletins/setting-…Where an order has been made by the court of its own initiative, or without a hearing, the parties are entitled to apply to the court to have that order set aside or varied.www.civillitigationbrief.com/2014/04/11/the-appropri…(1) In any other case, the court may set aside (GL) or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why – (i) the judgment should be set aside or varied; orwww.justice.gov.uk/courts/procedure-rules/civil/rule…
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set aside | Wex | US Law | LII / Legal Information Institute
WEBSet aside is a legal term that means to render a decision of another court invalid, to reserve funds for a future use, or to cancel a contract. It can be used in the context of appeals, trial courts, or civil procedure. See examples and sources from the Wex …
See results only from law.cornell.eduDefault Judgment
A default judgment (also known as judgment by default) is a ruling granted …
The Meaning of "Set Aside" in 5 U.S.C. § 706(2), by John …
WEBSep 22, 2022 · The conclusion that “set aside” means disregard in the process of decision follows from the meaning of “set aside” in the context of section 706 and the rest of the …
Legal Definition of Set Aside: Understanding the Concept
WEBApr 28, 2020 · Set aside means to cancel, annul, or revoke a decision, judgment, or indictment. It can be used when a higher court overrules a lower court or when an …
Varying, setting aside and staying judgments and orders
WEBVarying, environment aside additionally stay judgments and orders. This note finds the standards and procedures relevant to applications to variable, set aside real stay …
THE APPROPRIATE CRITERIA FOR REINSTATEMENT WHEN …
WEBApr 11, 2014 · A court's order striking out a claim without a hearing is not a sanction, but a consequential order that allows the parties to apply to have it varied or set aside. The …
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SETTING ASIDE AN ORDER ON COURT’S OWN …
WEBAug 30, 2018 · The court's power to make an order of its own initiative is not subject to the Tibbles criteria, which apply to applications to vary or stay orders made at a hearing. The court can hear the matter afresh and set …
Set aside Definition & Meaning | Merriam-Webster Legal
WEBLearn the meaning and usage of the verb set aside in legal contexts, such as overruling or annulling a lower tribunal's decision. See examples, synonyms, and related terms for set …
Setting Aside, or Varying an Order made on the Court's
WEBJan 2, 2023 · The court can make an order of its own initiative without a hearing or representations, and the parties are entitled to apply to have it set aside, varied or …
APPLYING TO SET ASIDE WITHOUT NOTICE ORDERS: BE …
WEBAug 29, 2013 · Similarly CPR 23.10 states that where a court has made an order where the application was heard without notice a person not served with the notice can apply to …
What Is a Judgment “Set-Aside?” - Feinberg & Waller, APC
WEBDec 16, 2016 · If the motion to set-aside is granted, the court will generally hold a new trial on the issues that have been “set aside” by the court, typically (if the entire judgment is …
Judgments and orders—setting aside | Legal Guidance | LexisNexis
WEBArticle Summary. This practice note provides guidance to legal practitioners on judgments and orders, specifically on setting aside a judgment or order. It highlights the importance …
Defendant's application to set aside a possession order - Shelter …
WEBLearn the process and grounds for applying to court to set aside a possession order made against you in England and Wales. Find out the difference between setting aside, …
SET SOMETHING ASIDE | English meaning - Cambridge Dictionary
WEBLearn the meaning and usage of the phrasal verb set something aside in different contexts, such as saving, ignoring, or overturning a decision. See examples, synonyms, and …
Motion to Vacate or Set Aside Judgment: What You Should Know
WEBJun 25, 2018 · One option is a motion to set aside judgment or vacate judgment. These motions are filed after the ruling has been made. Let’s take a moment to consider why a …
Court's power to vary or revoke orders under CPR 3.1 (7)
WEBA guide to the court's power to vary or revoke previous orders under CPR 3.1(7). It also contains a checklist of other provisions of the CPR which allow the court to set aside or …
Set aside | Practical Law
WEBGlossary. Set aside. Cancelling a judgment, order or a step taken by a party in proceedings. For example, a default judgment may be set aside under CPR 13, or an …
set aside Definition, Meaning & Usage | Justia Legal Dictionary
WEBTo reverse or overrule a decision or action made by a lower court after reviewing it. To render a legal action or judgment as having no legal validity or enforceability. How to use …
What are the grounds for setting aside or varied a consent order?
WEBConsent orders represent an agreement of the parties and will not generally be set aside or varied unless grounds can be shown that would justify sett.
A guide to setting aside default judgment - Wright Hassall
WEBJan 26, 2021 · The court rules for setting aside or varying a judgment are set out in Civil Procedure Rule 13. If default judgment has been entered incorrectly then the court will …
Set-aside Definition & Meaning - Merriam-Webster
WEBSet-aside can mean a portion of something reserved for a purpose, or a decision overturned by a higher court. Learn the difference between set aside and stayed, and …
SETTING ASIDE AN ORDER MADE WITHOUT A HEARING OR …
WEBJul 28, 2020 · SETTING ASIDE AN ORDER MADE WITHOUT A HEARING OR MADE WITHOUT NOTICE : THE RELEVANT CRITERIA. July 28, 2020 · by gexall · in …
Fact Sheet - Setting aside a CCJ | How to set aside a CCJ
WEBLearn how to apply to set aside a county court judgment (CCJ) for debt, when and why you can do it, and what evidence you need. Find out the difference between setting aside …
PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT
WEBApr 14, 2021 · This Part of the Civil Procedure Rules explains the procedure for setting aside or varying judgment entered under Part 12 (default judgment) in civil cases. It …
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