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Article 19 - Defendant non entering an appearance
In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.
Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:
1. England, Wales and Northern Ireland:
When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.
2. Scotland:
No later than the expiry of one year from the date of decree - this would be in line with the Hague Convention and is the period incorporated in Scotland's court rules.
3. Gibraltar:
When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.
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