SA Builders And Contractors Ltd v Holm
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 may not have been appropriate.
- Parties
- Claimant: SA Builders and Contractors Ltd; Defendant: Yvonne Holm
- Jurisdiction
- England and Wales
- Judgment Date
- 16 June 2016
- Procedural Posture
- Civil Appeal / Permission to Appeal Application
- Outcome
- Permission to appeal granted, conditional on payment of outstanding interim costs orders.
- Legal Topics
- Default Judgment, Defence to Counterclaim, Practice Direction 12, Building Contract Dispute
Case Brief
Summary, issues, holding and outcome
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Parties
SA Builders and Contractors Ltd
Claimant
Yvonne Holm
Defendant
Procedural Posture
Civil Appeal / Permission to Appeal Application
Legal Issues
- 1 Whether a witness statement can constitute a defence to a counterclaim under CPR 12.3(2)(b) and Practice Direction 12
- 2 Whether judgment in default on the counterclaim was properly entered
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 may not have been appropriate.
Court Disposition
Permission to appeal granted, conditional on payment of outstanding interim costs 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 to appeal is conditional on payment of interim costs orders (£10,000 and £15,000) within a time scale to be set.
Full Case Text
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