National House Building Council v Relicpride Ltd & Ors

National House Building Council v Relicpride Ltd & Ors

The application to set aside default judgment was dismissed because the Defendants failed to act promptly and did not establish a real prospect of successfully defending the claim. The existence of an arbitration clause did not constitute a good reason to set aside the judgment in the circumstances.

Parties
Claimant: National House Building Council; First Defendant: Relicpride Limited; Second Defendant: Relicpride Construction Limited; Third Defendant: Gerald Smythe; Fourth Defendant: Anthony Smythe
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Promptness of Application, Real Prospect of Defence, Arbitration Clause
Civil Procedure Default Judgment Setting Aside Judgment Promptness of Application Real Prospect of Defence Arbitration Clause

Case Brief

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Parties

National House Building Council

Claimant

Relicpride Limited

First Defendant

Relicpride Construction Limited

Second Defendant

Gerald Smythe

Third Defendant

Anthony Smythe

Fourth Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the application to set aside default judgment was made promptly
  2. 2 Whether the defendants have a real prospect of successfully defending the claim
  3. 3 Whether the existence of an arbitration clause is a good reason to set aside judgment

Ratio Decidendi

The application to set aside default judgment was dismissed because the Defendants failed to act promptly and did not establish a real prospect of successfully defending the claim. The existence of an arbitration clause did not constitute a good reason to set aside the judgment in the circumstances.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Assessment of damages hearing deferred to a later date
  • Directions for assessment of damages to be given