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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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