Applying to set aside a judgment and stay a High Court writ

An application to set aside a judgment does not itself stop High Court enforcement. A separate stay is normally required unless an order already prevents action.

Obtain the claim, service evidence, judgment, certificate, writ and HCEO statement. Address promptness, the reason for default and the proposed defence.

Send a sealed stay order to the court, creditor and HCEO promptly. Fees and costs do not automatically disappear when enforcement is stayed or a judgment is later set aside.

Sources and scope

This site concerns England and Wales. Principal sources include Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, the Taking Control of Goods Regulations 2013, the Taking Control of Goods (Fees) Regulations 2014, CPR Part 84 and the GOV.UK bailiff guide.

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