McDonald & Anor v D&F Contracts Ltd

McDonald & Anor v D&F Contracts Ltd

The claimants are entitled to judgment in default as the defendant failed to file an acknowledgement of service or defence within the prescribed time and no extension was sought or granted. The late defence does not preclude default judgment. The defendant may apply to set aside the judgment within 28 days, and the claimants' claims, while overstated and poorly particularised, are not a bar to entering default judgment at this stage.

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 Contract 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, Late Defence, Summary Judgment, Setting Aside Judgment, Damages Assessment
Civil Procedure Contract Law Construction Law Default Judgment Late Defence Summary Judgment Setting Aside Judgment Damages Assessment

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Parties

Donald McDonald

Claimant

Ruth McDonald

Claimant

D&F Contracts Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Application for Judgment in Default

Legal Issues

  1. 1 Whether judgment in default should be entered where the defendant filed a late defence and no acknowledgement of service was filed in time
  2. 2 Whether the claimants' pleadings and claims are sufficiently particularised and sustainable in law
  3. 3 Whether the defendant's late defence constitutes a valid defence under the rules

Ratio Decidendi

The claimants are entitled to judgment in default as the defendant failed to file an acknowledgement of service or defence within the prescribed time and no extension was sought or granted. The late defence does not preclude default judgment. The defendant may apply to set aside the judgment within 28 days, and the claimants' claims, while overstated and poorly particularised, are not a bar to entering default judgment at this stage.

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 entered for the principal sum claimed (£848,640.81 plus interest)
  • Execution stayed for 28 days to allow for application to set aside