Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Hearing 19 May 2017)

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Hearing 19 May 2017)

FDL had no realistic prospect of successfully defending the claim or advancing a counterclaim, as its defences were unsupported by evidence, contradicted by contemporaneous documents, and based on irrelevant or unsustainable allegations. FDL also failed to act promptly and provided no adequate explanation for its procedural defaults. The Denton principles were not satisfied, and there was no other good reason to set aside the judgment.

Citation
[2017] EWHC 1223 (TCC)
Parties
Claimant: Redbourn Group Limited; Defendant: Fairgate Development Limited
Jurisdiction
England and Wales
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment Under CPR R.13.3
Outcome
Application to set aside default judgment refused
Legal Topics
Default Judgment, Setting Aside Judgment, Relief From Sanctions, Repudiatory Breach of Contract, Professional Negligence, Promptness in Procedural Applications
Civil Procedure Contract Law Construction Law Default Judgment Setting Aside Judgment Relief From Sanctions Repudiatory Breach of Contract Professional Negligence +1 more

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Parties

Redbourn Group Limited

Claimant

Fairgate Development Limited

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment Under CPR R.13.3

Legal Issues

  1. 1 Whether the defendant has a realistic prospect of successfully defending the claim under CPR r.13.3(1)(a)
  2. 2 Whether there is some other good reason to set aside the default judgment under CPR r.13.3(1)(b)
  3. 3 Whether the application to set aside was made promptly under CPR r.13.3(2)

Ratio Decidendi

FDL had no realistic prospect of successfully defending the claim or advancing a counterclaim, as its defences were unsupported by evidence, contradicted by contemporaneous documents, and based on irrelevant or unsustainable allegations. FDL also failed to act promptly and provided no adequate explanation for its procedural defaults. The Denton principles were not satisfied, and there was no other good reason to set aside the judgment.

Court Disposition

Application to set aside default judgment refused

Orders

  • Default judgment in favour of Redbourn Group Limited stands
  • Quantum of damages and fees to be assessed at a separate hearing