Jordan & Anor v Geason (No. 2) [2007] EWHC 2270 (TCC) (01 October 2007)

Jordan & Anor v Geason (No. 2) [2007] EWHC 2270 (TCC) (01 October 2007)

Given the default judgment, the clear evidence of overpayment, the lack of opposition or evidence from the defendant, and the principles governing interim payments, the claimants are entitled to an interim payment of £463,000, representing a reasonable proportion of the likely final judgment after adjusting for uncertainties in the valuation of works received.

Citation
[2007] EWHC 2270 (TCC)
Parties
Claimant: Fiona Jordan; Claimant: Philippe Jordan; Defendant: Dean Geason
Jurisdiction
England and Wales
Judgment Date
01 October 2007
Procedural Posture
Civil Technology and Construction Court / Application for Interim Payment Following Default Judgment
Outcome
Interim payment ordered in favour of the claimants.
Legal Topics
Interim Payments, Default Judgment, Project Management Contracts, Assessment of Damages
Contract Law Civil Procedure Interim Payments Default Judgment Project Management Contracts Assessment of Damages

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Parties

Fiona Jordan

Claimant

Philippe Jordan

Claimant

Dean Geason

Defendant

Procedural Posture

Civil Technology and Construction Court / Application for Interim Payment Following Default Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to an interim payment following default judgment against the defendant
  2. 2 What is the appropriate amount for an interim payment in the circumstances

Ratio Decidendi

Given the default judgment, the clear evidence of overpayment, the lack of opposition or evidence from the defendant, and the principles governing interim payments, the claimants are entitled to an interim payment of £463,000, representing a reasonable proportion of the likely final judgment after adjusting for uncertainties in the valuation of works received.

Court Disposition

Interim payment ordered in favour of the claimants.

Orders

  • Defendant to pay claimants £463,000 by 4pm on 15th October 2007.