Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch) (17 November 2023)

Simon Bain Building Services Ltd v Cardone & Anor [2023] EWHC 2916 (Ch) (17 November 2023)

Defendants submitted to jurisdiction by applying to set aside default judgment on merits, losing right to challenge validity of service or jurisdiction; however, default judgments are set aside as defendants have a real prospect of defending the claim and application was made promptly.

Citation
[2023] EWHC 2916 (Ch)
Parties
Claimant: Simon Bain Building Services Limited; Defendant: Ms Jenna Cardone; Defendant: Mr Kevin O'Keefe
Jurisdiction
England and Wales
Judgment Date
17 November 2023
Procedural Posture
Civil Construction Contract Dispute / Post Default Judgment, Applications to Set Aside and Challenge Jurisdiction
Outcome
Default judgments set aside; jurisdiction challenge dismissed; extension of time for acknowledgement of service refused.
Legal Topics
Default Judgment, Jurisdiction Challenge, Service of Process, Limitation Period, Relief From Sanctions
Civil Procedure Contract Law Construction Law Default Judgment Jurisdiction Challenge Service of Process Limitation Period Relief From Sanctions

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Parties

Simon Bain Building Services Limited

Claimant

Ms Jenna Cardone

Defendant

Mr Kevin O'Keefe

Defendant

Procedural Posture

Civil Construction Contract Dispute / Post Default Judgment, Applications to Set Aside and Challenge Jurisdiction

Legal Issues

  1. 1 Whether default judgments should be set aside
  2. 2 Whether the claim form was validly served
  3. 3 Whether the defendants waived their right to challenge jurisdiction

Ratio Decidendi

Defendants submitted to jurisdiction by applying to set aside default judgment on merits, losing right to challenge validity of service or jurisdiction; however, default judgments are set aside as defendants have a real prospect of defending the claim and application was made promptly.

Court Disposition

Default judgments set aside; jurisdiction challenge dismissed; extension of time for acknowledgement of service refused.

Orders

  • Default judgments entered on 16 March 2023 set aside.
  • Defendants to file further acknowledgement of service within 7 days, if so advised, stating intention to defend.