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Roger

In my earlier post I neglected to mention that the Law Society made a submission on this point to the 2007 Consultation on Part 6. I remember it well and have a copy, but am indebted to Jane Wright of the Civil Procedure Rule Committee, who has reminded me about it today: http://webarchive.nationalarchives.gov.uk/20090904093407/http://www.justice.gov.uk/consultations/docs/cp1407-response.pdf
The responses recommending appropriate checks on the part of Claimants, and the potential for evidence to be supplied by Claimants in the circumstances of an application by a Defendant to set aside, unfortunately do not form any part of the current consideration on an application under 13.3, or where they do will seldom be accepted as the only reason justifying a set aside.

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