Rushworth v Harvey [2016] EWHC 1386 (QB) (21 April 2016)

Rushworth v Harvey [2016] EWHC 1386 (QB) (21 April 2016)

The default judgment was set aside because the defendant demonstrated a real prospect of successfully defending the claim, as the particulars of claim disclosed no reasonable grounds for contractual or quantum meruit remuneration except for an admitted airfare expense. Procedural defects in service did not invalidate the requirement to acknowledge service, and the minor procedural irregularity in the claimant's application for default judgment did not nullify the judgment.

Citation
[2016] EWHC 1386
Parties
Claimant: Graham Rushworth; Defendant: Malcom Harvey
Jurisdiction
England and Wales
Judgment Date
21 April 2016
Procedural Posture
Application to Set Aside Default Judgment / Hearing of Application to Set Aside Default Judgment and Consideration of Merits
Outcome
Default judgment set aside; claim struck out except for admitted airfare; no order as to costs.
Legal Topics
Default Judgment, Setting Aside Judgment, Quantum Meruit, Contractual Certainty, Service of Claim Form, Civil Procedure Rules
Civil Procedure Contract Law Default Judgment Setting Aside Judgment Quantum Meruit Contractual Certainty Service of Claim Form Civil Procedure Rules

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Parties

Graham Rushworth

Claimant

Malcom Harvey

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Hearing of Application to Set Aside Default Judgment and Consideration of Merits

Legal Issues

  1. 1 Whether default judgment was properly entered under CPR 12.3 and 59
  2. 2 Whether procedural defects in service of claim form and response pack invalidate service
  3. 3 Whether the claim discloses a reasonable cause of action for contractual or quantum meruit remuneration

Ratio Decidendi

The default judgment was set aside because the defendant demonstrated a real prospect of successfully defending the claim, as the particulars of claim disclosed no reasonable grounds for contractual or quantum meruit remuneration except for an admitted airfare expense. Procedural defects in service did not invalidate the requirement to acknowledge service, and the minor procedural irregularity in the claimant's application for default judgment did not nullify the judgment.

Court Disposition

Default judgment set aside; claim struck out except for admitted airfare; no order as to costs.

Orders

  • Default judgment set aside.
  • Claim struck out except for £350 airfare claim.