SA Builders And Contractors Ltd v Holm [2016] EWCA Civ 712 (16 June 2016)

SA Builders And Contractors Ltd v Holm [2016] EWCA Civ 712 (16 June 2016)

There is a realistic prospect that the witness statements filed by the Claimant, though defective in form, purported to be a defence to the counterclaim and thus default judgment was arguably not appropriate under Practice Direction 12 and CPR 12.3(2)(b).

Citation
[2016] EWCA Civ 712
Parties
Claimant: SA Builders and Contractors Ltd; Defendant: Yvonne Holm
Jurisdiction
England and Wales
Judgment Date
16 June 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted, conditional on satisfaction of interim cost orders.
Legal Topics
Default Judgment, Defective Works, Counterclaim, Practice Direction 12, CPR 16.5
Civil Procedure Contract Law Default Judgment Defective Works Counterclaim Practice Direction 12 CPR 16.5

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Parties

SA Builders and Contractors Ltd

Claimant

Yvonne Holm

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a witness statement can constitute a defence to a counterclaim under CPR 12.3(2)(b) and Practice Direction 12
  2. 2 Whether judgment in default was properly granted on the counterclaim

Ratio Decidendi

There is a realistic prospect that the witness statements filed by the Claimant, though defective in form, purported to be a defence to the counterclaim and thus default judgment was arguably not appropriate under Practice Direction 12 and CPR 12.3(2)(b).

Court Disposition

Permission to appeal granted, conditional on satisfaction of interim cost orders.

Orders

  • Permission to appeal against the order dated 18 March 2015 (if it exists) and paragraph 1 of the order dated 23 March 2015.
  • Permission conditional on payment of interim cost orders (£10,000 and £15,000).