ABSTRACT

The case study in this chapter involves an application by the defendant to set aside a default judgment. Since the claimant has already obtained default judgment, the stakes for clients on both sides are high and the pressures facing their lawyers considerable. What strategic advantages does the claimant have now that default judgment has been obtained? What are the obstacles and advantages to the defendant of applying to set aside the default judgment? To put this application in a context that enables the reader to appreciate the vigour with which it is being fought, it is useful first to discuss the strategic background against which the application is made.