Rushworth v Harvey

Rushworth v Harvey

Default judgment was set aside because the defendant had a real prospect of successfully defending the claim; the claimant's particulars disclosed no reasonable grounds except for reimbursement of airfare, which was admitted by the defendant.

Parties
Claimant: Graham Rushworth; Defendant: Malcom Harvey
Jurisdiction
England and Wales
Judgment Date
21 April 2016
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Default judgment set aside; claim struck out except for airfare reimbursement.
Legal Topics
Default Judgment, Service of Claim Form, Quantum Meruit, Strike Out, Costs
Contract Law Civil Procedure Default Judgment Service of Claim Form Quantum Meruit Strike Out Costs

Case Brief

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Parties

Graham Rushworth

Claimant

Malcom Harvey

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside under CPR 13.2 or 13.3
  2. 2 Whether service of claim form was valid under CPR 59.4
  3. 3 Whether claimant is entitled to remuneration for services rendered

Ratio Decidendi

Default judgment was set aside because the defendant had a real prospect of successfully defending the claim; the claimant's particulars disclosed no reasonable grounds except for reimbursement of airfare, which was admitted by the defendant.

Court Disposition

Default judgment set aside; claim struck out except for airfare reimbursement.

Orders

  • Judgment for claimant for airfare (£350)
  • Rest of claim struck out