London Borough of Camden v Makers UK Ltd [2009] EWHC 605 (TCC) (27 March 2009)

London Borough of Camden v Makers UK Ltd [2009] EWHC 605 (TCC) (27 March 2009)

Default judgment is set aside as Makers has a real prospect of defending the claim; no conditions are imposed restricting Makers' statutory right to adjudicate or requiring security for costs, as such restrictions are only appropriate in exceptional circumstances and current evidence does not justify them.

Citation
[2009] EWHC 605 (TCC)
Parties
Claimant: The Mayor and Burgesses of the London Borough of Camden; Defendant: Makers UK Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2009
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment
Outcome
Default judgment set aside; no conditions imposed.
Legal Topics
Default Judgment, Adjudication, Security for Costs, Insolvency, Case Management
Civil Procedure Construction Law Default Judgment Adjudication Security for Costs Insolvency Case Management

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Parties

The Mayor and Burgesses of the London Borough of Camden

Claimant

Makers UK Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Jurisdiction to impose conditions on setting aside default judgment
  2. 2 Insolvency of defendant and impact on adjudication
  3. 3 Existence of real prospect of defending claim

Ratio Decidendi

Default judgment is set aside as Makers has a real prospect of defending the claim; no conditions are imposed restricting Makers' statutory right to adjudicate or requiring security for costs, as such restrictions are only appropriate in exceptional circumstances and current evidence does not justify them.

Court Disposition

Default judgment set aside; no conditions imposed.

Orders

  • Default judgment set aside.
  • No conditions imposed regarding adjudication or security for costs.