Decker & Anor v International Medical Supplies Ltd [2023] EWHC 2742 (Comm) (18 October 2023)

Decker & Anor v International Medical Supplies Ltd [2023] EWHC 2742 (Comm) (18 October 2023)

Mr. Decker failed to show a real prospect of successfully defending the claim on liability for breach of warranty of authority, as there was insufficient evidence of actual or ostensible authority and no representation to Excalibur prior to the agreement. However, he demonstrated a real prospect of defending the claim on quantum, as the loss may be limited to the opportunity to obtain security, not the full debt. The delay in making the application was not egregious given the circumstances, and there was a good reason for not acknowledging service if Mr. Decker did not see the claim form.

Citation
[2023] EWHC 2742 (Comm)
Parties
Applicant/defendant: Ronnie Ambimbola Decker; Applicant/defendant: Globus Industries Inc.; Respondent/claimant: International Medical Supplies Limited (formerly Excalibur Healthcare Services Limited)
Jurisdiction
England and Wales
Judgment Date
18 October 2023
Procedural Posture
Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Application granted in part; default judgment set aside to the extent of quantum only, subject to conditions.
Legal Topics
Default Judgment, Setting Aside Judgment, Authority of Agent, Breach of Warranty of Authority, Quantum of Damages
Commercial Law Civil Procedure Default Judgment Setting Aside Judgment Authority of Agent Breach of Warranty of Authority Quantum of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ronnie Ambimbola Decker

Applicant/defendant

Globus Industries Inc.

Applicant/defendant

International Medical Supplies Limited (formerly Excalibur Healthcare Services Limited)

Respondent/claimant

Procedural Posture

Commercial Court Application to Set Aside Default Judgment / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether Mr. Decker had authority to sign the repayment agreement on behalf of Princess Hotels Development Limited
  2. 2 Whether there is a real prospect of successfully defending the claim for breach of warranty of authority
  3. 3 Whether there is a real prospect of successfully defending the claim on quantum

Ratio Decidendi

Mr. Decker failed to show a real prospect of successfully defending the claim on liability for breach of warranty of authority, as there was insufficient evidence of actual or ostensible authority and no representation to Excalibur prior to the agreement. However, he demonstrated a real prospect of defending the claim on quantum, as the loss may be limited to the opportunity to obtain security, not the full debt. The delay in making the application was not egregious given the circumstances, and there was a good reason for not acknowledging service if Mr. Decker did not see the claim form.

Court Disposition

Application granted in part; default judgment set aside to the extent of quantum only, subject to conditions.

Orders

  • Default judgment against Mr. Decker set aside as to quantum only; liability stands.
  • Mr. Decker to pay costs of the abortive 12 May hearing and at least part of the costs of the application.