National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)

National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)

Application to set aside default judgment dismissed due to lack of promptness and failure to establish real prospect of successfully defending the claim; arbitration clause does not provide sufficient grounds.

Citation
[2009] EWHC 1260 (TCC)
Parties
Claimant: National House Building Council; Defendant: Relicpride Limited; Defendant: Relicpride Construction Limited; Defendant: Gerald Smythe; Defendant: Anthony Smythe
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Pre Assessment of Damages
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Indemnity, Arbitration Clause, Limitation Period
Civil Procedure Construction Law Default Judgment Setting Aside Judgment Indemnity Arbitration Clause Limitation Period

Case Brief

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Parties

National House Building Council

Claimant

Relicpride Limited

Defendant

Relicpride Construction Limited

Defendant

Gerald Smythe

Defendant

Anthony Smythe

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Pre Assessment of Damages

Legal Issues

  1. 1 Whether the application to set aside default judgment was made promptly
  2. 2 Whether the defendants have a real prospect of successfully defending the claim
  3. 3 Whether an arbitration clause provides grounds to set aside judgment

Ratio Decidendi

Application to set aside default judgment dismissed due to lack of promptness and failure to establish real prospect of successfully defending the claim; arbitration clause does not provide sufficient grounds.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Assessment of damages deferred to a later date
  • Directions to be heard for assessment of damages