ATTACHING CONDITIONS TO THE SETTING ASIDE OF A DEFAULT JUDGMENT

The Mayor and Burgesses of the London Borough of Camden v Makers UK Ltd [2009] EWHC 605 (TCC), [2009] All ER (D) 301 (Mar)

In The Mayor and Burgesses of the London Borough of Camden v Makers UK Ltd [2009] EWHC 605 (TCC), [2009] All ER (D) 301 (Mar) Mr Justice Akenhead declined to attach a condition to the setting aside of a default judgment that one party did not institute any further adjudications covering issues addressed in the proceedings the subject of the default judgment. He also declined to attach a condition that security for costs be given in relation to costs likely to be incurred in defending the counterclaim. It will only be in an exceptional case that a court, on setting aside a default judgment, will impose a condition to prevent a party from pursuing a statutory right to adjudicate at any time. The parties will generally be permitted to pursue such courses of action as are open to them. This being the case, the court will not fetter the right of a party to refer a dispute to adjudication. In so far as a court exercises control over the adjudication process, it is at the stage of enforcement of the decision of the adjudicator and not at an earlier stage, in particular not before any reference to adjudication has been made.