Roundstone Nurseries Ltd v Stephenson Holdings Ltd

Roundstone Nurseries Ltd v Stephenson Holdings Ltd

Judgment in default was obtained improperly due to unreasonable conduct by Roundstone; Stephenson had a real prospect of defending the claim. Costs thrown away by cancellation of mediation are recoverable on a standard basis, not indemnity, as the mediation was part of the Pre-Action Protocol process.

Parties
Claimant: Roundstone Nurseries Limited; Defendant: Stephenson Holdings Limited
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Civil / Ruling on Applications to Set Aside Default Judgment and for Costs
Outcome
Judgment in default set aside; costs orders made.
Legal Topics
Default Judgment, Setting Aside Judgment, Pre Action Protocol, Alternative Dispute Resolution, Costs
Civil Procedure Construction Law Default Judgment Setting Aside Judgment Pre Action Protocol Alternative Dispute Resolution Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Roundstone Nurseries Limited

Claimant

Stephenson Holdings Limited

Defendant

Procedural Posture

Civil / Ruling on Applications to Set Aside Default Judgment and for Costs

Legal Issues

  1. 1 Whether default judgment should be set aside under CPR 13.2 or 13.3
  2. 2 Whether costs thrown away by cancellation of mediation are recoverable
  3. 3 Whether costs should be assessed on indemnity or standard basis

Ratio Decidendi

Judgment in default was obtained improperly due to unreasonable conduct by Roundstone; Stephenson had a real prospect of defending the claim. Costs thrown away by cancellation of mediation are recoverable on a standard basis, not indemnity, as the mediation was part of the Pre-Action Protocol process.

Court Disposition

Judgment in default set aside; costs orders made.

Orders

  • Judgment in default against Stephenson set aside.
  • Stephenson awarded costs of application to set aside.