Alpine Bulk Transport Co. Inc. v. Saudi Eagle Shipping Co. Ltd. (The Saudi Ambassador) - Court of Appeal (O’Connor L.J. and Sir Roger Ormrod) - 1 July 1986

Defendant’s burden in seeking to set aside default judgment

The Court of Appeal has made it clear that a defendant seeking to set aside a judgment obtained in default of giving notice of intention to defend under Order 13 of the Rules of the Supreme Court has a higher burden than a defendant seeking leave to defend under Order 14 (application for summary judgment). In the former case, it is not enough for the defendant to show that he has “an arguable case” ( cf. paragraph 13/9/5 of Volume 1 of The Supreme Court Practice 1985 ). The defendant must show that “he has a defence which has a real prospect of success”.