Default judgment entered after a late defence had been filed must be set aside (CPR 12.3(2), 13.2)

Under CPR 12.3(2)(a), judgment in default of defence may be obtained only where an acknowledgment of service has been filed but, at the date on which judgment is entered, a defence has not been filed, and the relevant time limit has expired. The test looks at the position on the date judgment is entered, not on the date the time limit expired. Thistle's defence, although late, was filed on 20 April 2026, before judgment was entered on 24 April. One of the conditions in CPR 12.3(2) was therefore not satisfied. CPR 13.2 provides that the court must set aside a judgment entered under Part 12 if it was wrongly entered because any of the conditions in CPR 12.3(2) and (3) was not satisfied. This is a mandatory set-aside, so the merits of the defence and the discretionary factors in CPR 13.3, including promptness, are irrelevant.

Why A is wrong: The real-prospect test is for the discretionary set-aside in CPR 13.3; wrongly entered judgments fall under the mandatory CPR 13.2.

Why B is wrong: No relief from sanctions is needed; the judgment was wrongly entered and CPR 13.2 requires it to be set aside.

Why C is wrong: CPR 12.3(2) asks whether a defence had been filed at the date judgment is entered, not when the time limit expired.

Why D is wrong: No 14-day limit applies to a CPR 13.2 set-aside; promptness is a factor only under the discretionary CPR 13.3.