Rajval Construction Ltd v Bestville Properties Ltd [2010] EWCA Civ 1621 (14 December 2010)

Rajval Construction Ltd v Bestville Properties Ltd [2010] EWCA Civ 1621 (14 December 2010)

The breach of CPR 7.8 in failing to serve a response pack with the claim form constituted a sufficiently serious procedural error to justify setting aside the default judgment unconditionally under CPR 13.3(1)(b), regardless of the merits of the defence.

Source-derived case information.

Citation
[2010] EWCA Civ 1621
Parties
Respondent: Rajval Construction Ltd; Appellant: Bestville Properties Ltd
Jurisdiction
England and Wales
Judgment Date
14 December 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Default Judgment, Setting Aside Judgment, Civil Procedure Rules, Service of Response Pack, Discretion Under CPR 13.3
Civil Procedure Construction Law Default Judgment Setting Aside Judgment Civil Procedure Rules Service of Response Pack Discretion Under CPR 13.3

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rajval Construction Ltd

Respondent

Bestville Properties Ltd

Appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to serve a response pack with the claim form under CPR 7.8 justifies setting aside default judgment
  2. 2 Proper exercise of discretion under CPR 13.3(1)(b) in light of procedural breach

Ratio Decidendi

The breach of CPR 7.8 in failing to serve a response pack with the claim form constituted a sufficiently serious procedural error to justify setting aside the default judgment unconditionally under CPR 13.3(1)(b), regardless of the merits of the defence.

Court Disposition

Appeal allowed

Orders

  • Default judgment set aside unconditionally
  • No requirement for payment into court as condition for setting aside judgment