On 20 March 2006 Jackson J. gave judgment in M Rohde Construction v. Nicholas Markham David [2006] EWHC 814 (TCC). This case concerned a claim to enforce an adjudication decision. The application before Jackson J. was however for judgment, which had been entered in default of service of a defence, to be set aside. The test Jackson J. therefore had to apply was whether the defence to the enforcement of the adjudication decision had a real prospect of success [CPR r. 13.3(1)].
