Application to strike out an application to set aside judgement

[ARRDEEESS]

Hi all,

I have a court procedure question about applications to strike out. I have a client who has had judgment entered against the defendant. The defendant has submitted an N244 claiming that they were unaware of the claim and they are applying to have judgment set aside. The content of the application to set aside is full of lies, and so the defendant doesn't have a hope in succeeding in this claim. I know you can make applications to strike out claim forms/POCs/Defences etc. but can you make an application to strike out an application to set aside? The CPR doesn't seem to give a clear answer either way? The client wants to avoid attending the application hearing if possible because it's been listed a considerable distance from him, and he would therefore have to attend at great expense to him.

Thanks in advance

[atticus]

No, you oppose the application.

What is your role in all this?

[Pezza54]

Is it not the case that if the defendant's application to set aside judgement fails, the other party can claim expenses

[atticus]

Costs can be sought.