Negotiation and Mediation

It's always advisable to first attempt negotiation or mediation with the Claimant to resolve the issue of setting aside a default judgment amicably. This can involve discussing the reasons for the refusal and exploring potential solutions that are acceptable to both parties. Open communication and a willingness to find a mutually agreeable resolution can often help in these circumstances.













What if the Claimant does not consent?
 
If the Claimant does not respond within the specified timeframe or refuses to consent, the next step is to submit your application to the court. This involves completing the form N244 and providing a clear and detailed explanation for setting aside the judgement. The application will have to made quickly. If you can show to the court that the Claimant has refused to consent and  the application was successful, you may be in a better position when the court comes to deciding costs.
If the claimant refuses to consent to an order to set aside a default judgment, here's what could happen in this situation:

a. Court Hearing
If the claimant's refusal persists, the matter may need to be resolved in a court hearing. The court will consider the reasons for the refusal and make a decision based on the legal principles and evidence presented. So it will be important to have a clear defence to support your reason for setting aside the order.
 
b. Legal Consequences
Refusing to consent to setting aside a default judgment without valid reasons can have legal consequences. The court may proceed with setting aside the judgment regardless of the Claimant's consent if it deems it appropriate.

In summary when a Claimant does not consent you can still proceed with an application to set aside a judgment , however, show evidence that you tried to seek consent and that you acted promptly to come to court.