Intense Investments Ltd v Development Ventures Ltd [2005] EWHC 1726 (TCC) (19 July 2005)

Intense Investments Ltd v Development Ventures Ltd [2005] EWHC 1726 (TCC) (19 July 2005)

The default judgment was irregular as the claim included remedies outside CPR 12.4(1) and should have been made under CPR Part 23 with notice. The absence of a certificate of service further rendered the judgment irregular. Defendant's conduct and the realistic prospect of defending the claim justified setting aside the judgment.

Citation
[2005] EWHC 1726 (TCC)
Parties
Claimant: Intense Investments Limited; Defendant: Development Ventures Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2005
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Pre Trial
Outcome
Judgment in default set aside as of right; alternatively, set aside in exercise of discretion under CPR 13.3.
Legal Topics
Default Judgment, Extension of Time, Binding Contract, Profit Sharing Agreement
Civil Procedure Contract Law Default Judgment Extension of Time Binding Contract Profit Sharing Agreement

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Intense Investments Limited

Claimant

Development Ventures Limited

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Pre Trial

Legal Issues

  1. 1 Whether default judgment was irregular under CPR 12.4
  2. 2 Whether defendant's conduct justified setting aside judgment under CPR 13.3
  3. 3 Whether defendant had a real prospect of successfully defending the claim

Ratio Decidendi

The default judgment was irregular as the claim included remedies outside CPR 12.4(1) and should have been made under CPR Part 23 with notice. The absence of a certificate of service further rendered the judgment irregular. Defendant's conduct and the realistic prospect of defending the claim justified setting aside the judgment.

Court Disposition

Judgment in default set aside as of right; alternatively, set aside in exercise of discretion under CPR 13.3.

Orders

  • Default judgment set aside
  • Defendants allowed to defend the claim