Case Study: Strategic Action Reverses CCJ

Sector: Construction & Property

A Commercial & Industrial Building Systems Company

We successfully applied to set aside a County Court Judgment (CCJ) that had been unknowingly entered against our client. Following the removal of the judgment, we negotiated a reduced settlement with the Claimant, thus resolving all legal and commercial issues through a single, strategic application.

Background

✔ Our client discovered that a CCJ had been registered against them, despite never receiving the claim form. The judgment had caused immediate reputational and operational harm, with suppliers and contractors refusing to engage with the client due to the credit implications.
✔ Investigation revealed that the Claim Form had been deemed served and signed for by an unknown third party, which gave rise to a legitimate argument for setting aside the judgment.

Challenges Faced

🡆 The Claim Form was deemed served under the Civil Procedure Rules (CPR), even though it was not received by our client.
🡆 The client’s ability to trade was severely restricted due to the CCJ.
🡆 The client sought to defend the original claim, but time was critical to avoid further commercial damage.

Risks Faced

🡆 Credit rating damage, leading to a loss of business relationships with suppliers and contractors.

🡆 Potential escalation of the claim if the judgment was not set aside promptly.

🡆 Uncertainty over legal costs if the matter proceeded without settlement.

Our Strategy

✔ Provided a clear legal roadmap for setting aside the CCJ.
✔ Acted swiftly to file the application with the court and initiate immediate contact with the Claimant’s solicitors.
✔ Opened settlement negotiations in parallel with the application process to keep costs and risk to a minimum.
✔ Presented the court with a strong factual and procedural basis for setting the judgment aside.

Key Developments

🡆 Submitted a well-evidenced application to set aside judgment based on non-service and the client’s intention to defend.

🡆 Engaged the Claimant’s solicitors early and obtained consent for the judgment to be set aside.

🡆 Agreed a settlement for a reduced amount, avoiding the need for full litigation.

Outcome

✔ CCJ successfully set aside
✔ Reduced settlement agreed, saving the client a substantial portion of the original judgment amount
✔ Reputation and trading relationships preserved
✔ Litigation avoided, with costs contained

Key Achievements

🡆 Complete resolution through a single strategic application
🡆 Protected the client’s commercial standing and credit profile
🡆 Enabled the client to continue trading without restriction

How we Achieved this

✔ Rapid, commercially focused action
✔ In-depth knowledge of procedural law and court strategy
✔ Effective negotiation and client communication
✔ Delivered a cost-effective outcome with minimal disruption

Why This Matters To Clients In This Sector

For companies in the construction and property industry, a CCJ can severely impact trading, particularly when reliant on supplier credit or contract approvals. This case shows how early legal advice and strategic intervention can not only reverse damaging judgments, but also protect the business’s ability to operate, all while keeping costs proportionate.