Taylor Walton’s commercial litigation team are delighted to report our successful representation of Redbourn Group Ltd (Redbourn Group Ltd v Fairgate Development Ltd [2017]EWHC 1223 (TCC)), in a case that highlights the importance of appointing a solicitor who will act swiftly and decisively, and who can prepare comprehensive evidence and clear instructions. Taylor Walton’s proactive approach ensured a successful outcome for Redbourn Group where Saljuq Haider, one of our commercial litigation and dispute resolution solicitors acted on the case.
Background to the case
Fairgate Development Ltd (FDL) appointed Redbourn Group Ltd in February 2015 to act as the development and project manager for a proposed development. The contract ended in February 2016, with both sides claiming that the other had wrongly repudiated the contract. FDL complained about Redbourn Group’s performance in a letter, dated 24 February 2016. Redbourn Group denied any failings in its performance and ultimately issued proceedings against FDL for damages.
The key practical issue highlighted by this case is the need for solicitors to act quickly and comprehensively in order to make an application to set aside a default judgment.
Our recommendations
This case demonstrates that clear and comprehensive instructions, and access to supporting evidence, is essential in order to be successful. Solicitors must make requests for extensions as soon as it becomes clear that the deadline will be missed, and ensure they meet the new deadline. Companies should be realistic and practical about how much time, and what resources, will be required.
The decisive and proactive actions of Saljuq Haider highlighted the weaknesses in FDL’s evidence and its solicitors’ (Debenhams Ottaway) procedural failings. Despite Saljuq’s encouragement to act, and respect of the deadline extension, the defence team were on the back foot throughout this case with little chance to recover from Saljuq’s clear and focused demonstration of the deficiencies in their evidence and procedure.
Saljuq and the wider commercial litigation team at Taylor Walton are experts at helping their clients to achieve successful outcomes and resolve disputes. To find out more about how they work and how they can support your business, please call Saljuq on 01582 731161 or email saljuq.haider@taylorwalton.co.uk.