Rajval Construction Ltd v Bestville Properties Ltd

Rajval Construction Ltd v Bestville Properties Ltd

The failure to serve the mandatory response pack with the claim form was a significant breach of the Civil Procedure Rules and constituted 'some other good reason' under CPR 13.3(1)(b) to set aside the default judgment. The judge at first instance gave insufficient weight to this breach and erred in law by not setting aside the judgment unconditionally.

Parties
Respondent: Rajval Construction Ltd; Appellant: Bestville Properties Ltd
Jurisdiction
England and Wales
Judgment Date
14 December 2010
Procedural Posture
Civil Appeal / Appeal From Order Setting Aside Default Judgment With Condition
Outcome
Appeal allowed
Legal Topics
Default Judgment, Setting Aside Judgment, Civil Procedure Rules, Service of Documents
Civil Procedure Default Judgment Setting Aside Judgment Civil Procedure Rules Service of Documents

Case Brief

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

Civil Appeal / Appeal From Order Setting Aside Default Judgment With Condition

Legal Issues

  1. 1 Whether failure to serve a response pack with the claim form justifies setting aside default judgment under CPR 13.3(1)(b)
  2. 2 Whether the court exercised its discretion correctly in imposing a condition for setting aside judgment

Ratio Decidendi

The failure to serve the mandatory response pack with the claim form was a significant breach of the Civil Procedure Rules and constituted 'some other good reason' under CPR 13.3(1)(b) to set aside the default judgment. The judge at first instance gave insufficient weight to this breach and erred in law by not setting aside the judgment unconditionally.

Court Disposition

Appeal allowed

Orders

  • Default judgment set aside unconditionally