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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
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we obtained a judgment against our builder through the mcol

Resolved Question:

we obtained a judgment against our builder through the mcol process.
He did not react during the statutory period - but now has applied for judgment to set aside.
His motivation appears to be that we would have told him that we would drop the case. Obviously we never said this.
What are the factors that a judge will take into account when deciding on his application?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
What did you obtain a judgment for? Breach of contract?
Kind regards
AJ
Customer: replied 2 years ago.

Yes - it was breach of contract

Expert:  Alex J. replied 2 years ago.
Hello
Thank you.
Do they have any defence to the breach? Was the breach based on a failure to provide the service correctly?
Kind regards
AJ
Customer: replied 2 years ago.

Yes, he just left in the middle of a fixed price contract, which we had paid in full

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The criteria for setting aside a default judgment are contained in Civil Procedure Rule 13.
The threshold is very low - the defendant need only show a real prospect of successfully defending the claim. It is not impossible that the judge may uphold the default judgment - but it is more likely they will give the defendant an opportunity to defend the claim and probably penalise them in costs if they have deliberately ignored the proceedings.
Just because the have applied to set the judgment aside, you can still take enforcement action. For example have looked into a warrant of execution (bailiffs)?
I look forward to hearing from you.
Kind regards
AJ
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