McDonald & Anor v D&F Contracts Ltd [2018] EWHC 1600 (TCC) (19 March 2018)

McDonald & Anor v D&F Contracts Ltd [2018] EWHC 1600 (TCC) (19 March 2018)

The claimants are entitled to judgment in default because the defendant failed to file an acknowledgement of service or defence within the prescribed time, and the late defence does not preclude default judgment under CPR 12.3. The claimants' particulars of claim are defective and overstated, but the procedural requirements for default judgment are met. The defendant may apply to set aside the judgment within 28 days.

Citation
[2018] EWHC 1600 (TCC)
Parties
Claimant: Donald McDonald; Claimant: Ruth McDonald; Defendant: D&F Contracts Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2018
Procedural Posture
Civil Construction Dispute / Application for Judgment in Default
Outcome
Judgment in default for the claimants; execution stayed for 28 days to allow defendant to apply to set aside; costs summarily assessed.
Legal Topics
Default Judgment, Summary Judgment, Striking Out Defence, Breach of Contract, Damages, Practice Direction 16, CPR Part 12, CPR Part 13
Civil Procedure Construction Law Default Judgment Summary Judgment Striking Out Defence Breach of Contract Damages Practice Direction 16 +2 more

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Parties

Donald McDonald

Claimant

Ruth McDonald

Claimant

D&F Contracts Limited

Defendant

Procedural Posture

Civil Construction Dispute / Application for Judgment in Default

Legal Issues

  1. 1 Whether judgment in default should be entered where defence was filed out of time
  2. 2 Whether late filing of defence precludes default judgment under CPR 12.3
  3. 3 Adequacy of Particulars of Claim and compliance with Practice Direction 16

Ratio Decidendi

The claimants are entitled to judgment in default because the defendant failed to file an acknowledgement of service or defence within the prescribed time, and the late defence does not preclude default judgment under CPR 12.3. The claimants' particulars of claim are defective and overstated, but the procedural requirements for default judgment are met. The defendant may apply to set aside the judgment within 28 days.

Court Disposition

Judgment in default for the claimants; execution stayed for 28 days to allow defendant to apply to set aside; costs summarily assessed.

Orders

  • Judgment in default for the principal sum claimed (£848,640.81 plus interest)
  • Stay of execution for 28 days