Order 14 judgment would be granted (para. 22).
On any reading of Order 14 and the cases referred to in the White Book notes showing the application of the Order, the Defendant had no defence to the Plaintiff’s claim – National Westminister Bank plc v. Daniel and Others [1994] 1 All ER 156 and Lady Anne Tenant v. Associated Newspapers Group Ltd. [1979] 3 All ER 376 (paras. 10 and 11).
The Court rejected the Defendant’s contention that the Plaintiff was under any common law duty act reasonably in the circumstances, or that such a term should be implied into the modified agreement negotiated between the parties (para.19).
Further the Court declined to stay execution of the judgment pending the hearing of the Defendant’s draft counterclaim on the basis that, as drafted it would likely succumb to a plea of res judicata and was furthermore not likely to survive assault under Order 18 r19 (1) (a) (b) and (d) (para. 23).
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