In RS v LS & LMP [2018] EWHC 449 (Fam) Mrs Justice Roberts considered an application to set aside a default judgment obtained in relation to a solicitor's costs. There are issues in relation to a failure to serve the response pack; delay and whether the entire judgment should be set aside.
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“The existing judgment was varied and replaced”.
I would be interested to know whether the original date of the judgment still stood. If the judgment was varied, I would expect the original judgment date to stand.
If it was “replaced” (not a word used in CPR Part 13), which suggests that it was set aside and then a new judgment entered, I would expect the later date to becoming the judgment date.
This is important for two reasons. Firstly, if a default judgment is paid within a month, it is removed from the Register of CCJ’s. Secondly, if it is not paid, it remains on the Register for 6 years. I realise that this isn’t a live issue in the reported case but it’s very important for some people who are suffering from a poor credit record as a result of a CCJ that was wrongly calculated.
Any thoughts?