Pete Gardner’s Client was an industrial engineering company operating from three sites in Cambridgeshire. They had supplied approximately £5,000 of aluminium honeycomb core to a company (“the Defendant”) who were refusing to pay but providing no specific details as to why this was.
An initial letter was sent to the Defendant by a colleague in our Commercial Recoveries Department but the Defendant failed to respond resulting in legal proceedings being issued on behalf of Pete’s Client. The Defendant filed a very short Defence simply stating that the goods Pete’s Client had supplied were ‘faulty and unfit for purpose’. Court rules state that any Defence filed cannot simply be a bare denial and must contain a coherent statement of facts.
This Defence clearly did not do that so it became obvious to Pete that a Summary Judgment Application should be made to the Court. Summary Judgment Applications should be made when the Defendant has no real prospect of defending the Claim. It also represented a quick way of getting judgment for Pete’s Client and, if successful, would be likely to result in Pete’s Client being awarded their legal costs of chasing the Defendant.
Pete made the Application to the Court and served a copy on the Defendant. Upon receipt, the Defendant called Pete as, due to the detailed nature of the Application and supporting documents, they became acutely aware that they had no case and did not want their liability to Pete’s Client, in terms of costs and interest, to increase any further. Therefore, they immediately paid the debt in full together with all costs which had been incurred on Pete’s Client’s behalf. Pete’s Client had finally recovered all monies owed to them and it had not cost them anything as the Defendant had paid all legal costs.