Sector: Fuel
Client Profile: A National Fuel Card Provider
We were instructed on a matter involving a disputed but low-value debt, where the Defendant had made an interim application to set aside a default judgment.
Background
Despite the small size of the debt, the Defendant issued an application to overturn the judgment. We reviewed the matter in detail and advised the Client that incurring further legal costs to contest the application in court would not be commercially sensible, even with the potential for a costs award. A more pragmatic resolution was required.
Key Developments
• The hearing was listed at short notice, prompting swift review and action.
• Shortly before the hearing date, we engaged directly with the Defendant and negotiated a practical solution.
• We agreed terms via a Consent Order whereby the Defendant would pay the full judgment debt, including High Court Enforcement Officer (HCEO) fees, directly to enforcement agents.
• As part of the agreement, the Defendant also consented to withdraw her application to set aside judgment.
Outcome
✔ Default judgment remained in place
✔ Consent Order secured without the need for a hearing
✔ Payment is now being received in full via HCEO
✔ Client avoided unnecessary legal spend and preserved enforcement rights in the event of future default
Key Achievements
✔ Prevented unnecessary court costs in a low-value dispute
✔ Preserved the judgment and enforcement status
✔ Ensured all costs were covered by the Defendant, protecting the Client’s position
How We Achieved This
✔ Practical commercial advice at the right time
✔ Effective negotiation under tight time constraints
✔ Clear communication with the Defendant to secure agreement
✔ Focused on proportionality and cost-efficiency
Why This Matters to Clients in This Sector
Fuel card providers often deal with fast-moving credit cycles and need clear outcomes that protect their bottom line. In this case, we combined legal strategy with commercial common sense to avoid disproportionate litigation and recover the full balance owed.
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Sara Souyave
Director & Head of Commercial Services
Rachael Hargreaves
Head Of Commercial Litigation
Zahida Shah
Commercial Litigation Solicitor
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