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Magistrates Court (Civil Division) Rules 1998
113Setting aside or varying interlocutory judgments
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### 113 Setting aside or varying interlocutory judgments
> > (1) The Court, on the application of a party, may set aside or vary any judgment that is not a final judgment.
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> > (2) The Court is not to set aside a judgment under [subrule (1)](#GS113@Gs1@EN) unless the applicant establishes that it has –
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> > > > (a) an arguable case on the merits; and
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> > > > (b) a reasonable excuse for not complying with –
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> > > > > > (i) these rules or an order made under these rules; or
> > > > >
> > > > > > (ii) any time limit fixed by these rules, any order made under these rules or any practice direction.
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> > (3) In setting aside a judgment, the Court may order –
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> > > > (a) payment to a party of any costs thrown away; or
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> > > > (b) that a sum of money be paid, or other security given, to a registrar under [rule 144](#GS144@EN) .