INCE GORDON DADDS LLP v MELLITAH OIL & GAS BV

INCE GORDON DADDS LLP v MELLITAH OIL & GAS BV

MOG's application to set aside the default judgment just passes the jurisdictional gateway under CPR 13.3(1)(a) due to a very thin basis for potential success on some limited points, but the merits are flimsy or shadowy and MOG failed to provide convincing evidence or prosecute the application efficiently. There is no 'other good reason' under CPR 13.3(1)(b). Considering all circumstances, including promptness, breach of undertakings, and the ability for MOG to pursue assessment or counterclaim in separate proceedings, the court declines to set aside the default judgment, subject to variation of the judgment sum for payments made to third parties.

Parties
Claimant: Ince Gordon Dadds LLP; Defendant: Mellitah Oil & Gas BV
Jurisdiction
England and Wales
Judgment Date
03 May 2022
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed, subject to variation of judgment sum.
Legal Topics
Default Judgment, Relief From Sanction, Solicitors Act Assessment, Professional Negligence, Set Off and Counterclaim
Civil Procedure Contract Law Professional Negligence Default Judgment Relief From Sanction Solicitors Act Assessment Set Off and Counterclaim

Case Brief

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Parties

Ince Gordon Dadds LLP

Claimant

Mellitah Oil & Gas BV

Defendant

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

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

Ratio Decidendi

MOG's application to set aside the default judgment just passes the jurisdictional gateway under CPR 13.3(1)(a) due to a very thin basis for potential success on some limited points, but the merits are flimsy or shadowy and MOG failed to provide convincing evidence or prosecute the application efficiently. There is no 'other good reason' under CPR 13.3(1)(b). Considering all circumstances, including promptness, breach of undertakings, and the ability for MOG to pursue assessment or counterclaim in separate proceedings, the court declines to set aside the default judgment, subject to variation of the judgment sum for payments made to third parties.

Court Disposition

Application to set aside default judgment dismissed, subject to variation of judgment sum.

Orders

  • Default judgment remains in place, varied to US$1,201,491.91 to account for payments made to third parties.
  • MOG permitted to pursue assessment under Solicitors Act 1974 or fresh claim if so advised.