M Rohde Construction v Markham-David

Citation: BLR 291 TCC; BLM Vol.23 No.9 p.11; EWHC 814

Nature of case:
The claimant contractor obtained judgment enforcing an adjudicator’s award in its favour against the defendant client.  However, the court granted the defendant’s application to set the judgment aside.  The defendant and his wife had separated and left the matrimonial home; the claimant had used this address for all mail which was returned undelivered.  The court considered this an exceptional case where the prejudice to the defendant outweighed that of the claimant.  The defendant had acted promptly in challenging the judgment when he discovered its existence.

 

Counsel

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