166 Witness statement by solicitor in support of application to set

aside judgment: notice of hearing not received1

166 Witness statement by solicitor in support of application to set

aside judgment: notice of hearing not received1

Atkin's Court Forms > Costs Management, Case Management and Applications Vol 13(2) >
Forms > B: SPECIFIC APPLICATIONS > 2: DEFAULT AND SUMMARY JUDGMENT

[366]

ACF 13(2): 08/2022

On behalf of the Defendant

Name of witness: [initials and surname]

[number] Witness Statement

Exhibit(s): [exhibit]

Dated: [date]

[Date of translation: [date]]

Claim No. [number]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [location]]

[court or list]

OR

IN THE HIGH COURT OF JUSTICE

KING’S BENCH DIVISION

[CENTRAL OFFICE OR [location] DISTRICT REGISTRY]

OR

IN THE COUNTY COURT AT [location]

[BUSINESS AND PROPERTY WORK]]

1. [name of company] Claimant
 2. and
3. [name] Defendant

WITNESS STATEMENT

I, [full name], a solicitor in the employ of [name of firm] of [address], solicitors for the Defendant, make this Witness
Statement in support of the application by the Defendant for an order that summary judgment entered on [date] in
favour of the Claimant be set aside.
1. I am authorised to make this application on behalf of the Defendant, and the facts contained in this
statement are, except where otherwise stated, either within my own knowledge or are from information obtained
from the Defendant.
2. On [date], I received from [the court OR the solicitors for the Claimant] the Order dated [date] entering
judgment for the Claimant for the amount of the claim, interest and costs on the hearing of the Claimant’s
application for summary judgment. This was the first time I was aware of the hearing. On receipt of the Order, I
telephoned the [court office OR Claimant’s legal representative [name]] and was informed that the notice of
hearing and a copy of the Claimant’s witness statement were sent to my firm on [date] by [method of service]. I
did not receive the notice of hearing from the [court OR Claimant’s solicitors]. I have checked my file and can
confirm that no such notice has been received. On receipt of a notice of a hearing it is my invariable practice to
put it in my diary and inform my client. Neither of these two things were done.
3. I have read the witness statement of the Defendant2 and believe from the matters contained in it that he has
a good prospect of defending the claim.
4. This Witness Statement has been prepared [state process by which it has been prepared].

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of
court may be brought against anyone who makes, or causes to be made, a false statement in a document verified
by a statement of truth without an honest belief in its truth.

Full name [name]

[signature]

Dated [date]
 Drafting Notes
166 Witness statement by solicitor in support of application to set aside judgment: notice of hearing not received1

Drafting Notes

End of Document