Clancy Consulting Ltd v Derwent Holdings Ltd & Ors

Clancy Consulting Ltd v Derwent Holdings Ltd & Ors

Defendants' defence was inadequate, consisting of bare denials without positive case or proper pleading, and failed to comply with court orders; Clancy Consulting was entitled to summary judgment for certified and uncertified sums as the defendants had no real prospect of defending those claims.

Source-derived case information.

Parties
Claimant: Clancy Consulting Limited; Defendant: Derwent Holdings Limited; Defendant: Anglo International Holdings Limited; Defendant: Mardown Limited; Defendant: Cashtal Properties Limited; Defendant: Mount Murray Country Club Limited; Defendant: Cashtal Developments Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Civil Claim / Summary Judgment Application
Outcome
Summary judgment granted in part, conditional leave to defend management time claim.
Legal Topics
Professional Fees, Summary Judgment, Striking Out, Pleading Requirements
Contract Law Civil Procedure Professional Fees Summary Judgment Striking Out Pleading Requirements

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Parties

Clancy Consulting Limited

Claimant

Derwent Holdings Limited

Defendant

Anglo International Holdings Limited

Defendant

Mardown Limited

Defendant

Cashtal Properties Limited

Defendant

Mount Murray Country Club Limited

Defendant

Cashtal Developments Limited

Defendant

Procedural Posture

Civil Claim / Summary Judgment Application

Legal Issues

  1. 1 Entitlement to certified and uncertified professional fees
  2. 2 Adequacy of defence pleadings
  3. 3 Basis for summary judgment

Ratio Decidendi

Defendants' defence was inadequate, consisting of bare denials without positive case or proper pleading, and failed to comply with court orders; Clancy Consulting was entitled to summary judgment for certified and uncertified sums as the defendants had no real prospect of defending those claims.

Court Disposition

Summary judgment granted in part, conditional leave to defend management time claim.

Orders

  • Summary judgment for Clancy Consulting for £329,525 plus VAT (certified sums).
  • Summary judgment for Clancy Consulting for £68,565 plus VAT (uncertified sums).