HART INVESTMENTS LTD v (1) FIDLER (2) LARCHPARK LTD

[2007] BLR 30

QUEEN’S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT

Before His Honour Judge Coulson QC

CPR Part 12 - Setting aside judgment in default - Mandatory requirement to set aside judgment in default for irregular service by fax - Mandatory requirement to set aside judgment for irregular identification of date of service in certificate of service. CPR Part 12 - Setting aside judgment in default - Discretion to set aside judgment in default. CPR Part 6 - CPR 6PD3.1 - Service of claim form by fax - Requirements for service. CPR Part 6.7 - Service of claim form by post - Calculation of date of service - Days for service include weekends. CPR Part 24 summary judgment - Enforcement of adjudicator’s decision - Jurisdiction of adjudicator. Housing Grants, Regeneration and Construction Act 1996, section 108 - Requirement that referral notice be served within seven days of notice of adjudication. Housing Grants, Regeneration and Construction Act 1996, section 107 - Requirement for construction contract to be in writing - Requirement for all terms to be in writing.