M Rohde Construction v Markham-David

M Rohde Construction v Markham-David

The defendant has a real prospect of successfully defending the claim, particularly on the ground that he was unaware of the adjudication and proceedings due to the manner of service, and he acted promptly upon learning of the judgment. The prejudice to the defendant if the judgment stands outweighs the prejudice to the claimant if it is set aside. The default judgment is therefore set aside and the action will proceed to trial.

Parties
Claimant: M. Rohde Construction; Defendant: Nicholas Markham-David
Jurisdiction
England and Wales
Judgment Date
20 March 2006
Procedural Posture
Application to Set Aside Default Judgment / Interlocutory Application
Outcome
application to set aside default judgment allowed
Legal Topics
Setting Aside Default Judgment, Service of Process, Adjudication Enforcement, Natural Justice
Civil Procedure Construction Law Setting Aside Default Judgment Service of Process Adjudication Enforcement Natural Justice

Case Brief

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Parties

M. Rohde Construction

Claimant

Nicholas Markham-David

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Interlocutory Application

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim
  2. 2 Whether the default judgment should be set aside in the exercise of the court's discretion
  3. 3 Whether service of adjudication documents was effective under the Housing Grants, Construction and Regeneration Act 1996

Ratio Decidendi

The defendant has a real prospect of successfully defending the claim, particularly on the ground that he was unaware of the adjudication and proceedings due to the manner of service, and he acted promptly upon learning of the judgment. The prejudice to the defendant if the judgment stands outweighs the prejudice to the claimant if it is set aside. The default judgment is therefore set aside and the action will proceed to trial.

Court Disposition

application to set aside default judgment allowed

Orders

  • Default judgment entered on 18 March 2002 is set aside.
  • The action will proceed to trial.