London Borough of Camden v Makers UK Ltd

London Borough of Camden v Makers UK Ltd

Default judgment is set aside as Makers has a real prospect of defending the claim; no conditions are imposed restricting adjudication or requiring security for costs, as statutory rights should not be interfered with except in exceptional cases, and current evidence does not justify such conditions.

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
Civil / 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

Civil / 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 enforcement
  3. 3 Right to adjudicate during concurrent court proceedings

Ratio Decidendi

Default judgment is set aside as Makers has a real prospect of defending the claim; no conditions are imposed restricting adjudication or requiring security for costs, as statutory rights should not be interfered with except in exceptional cases, and current evidence does not justify such conditions.

Court Disposition

Default judgment set aside; no conditions imposed.

Orders

  • Camden to pay Makers' costs summarily assessed at £5,000 within 14 days.