Albesher v Ryan & Ors

Albesher v Ryan & Ors

Ryan Corp demonstrated a real prospect of successfully defending the claim, and the application to set aside default judgment was made promptly. The balance of factors, including the seriousness of the default, absence of deliberate conduct, and the linkage to claims against other defendants, strongly favoured setting aside the default judgment.

Parties
Claimant: Dr Mohammed Abdulraman Abdulaziz Albesher; First Defendant: Thomas Gerrard Ryan; Second Defendant: Ryan Corporation (UK) Limited; Third Defendant: Credit Suisse (UK) Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2016
Procedural Posture
Commercial Court Application / Application to Set Aside Default Judgment
Outcome
Application granted; default judgment set aside
Legal Topics
Default Judgment, Fraud, Deceit, Unlawful Means Conspiracy, Vicarious Liability, Trusts, Dishonest Assistance, Relief From Forfeiture
Civil Procedure Commercial Law Default Judgment Fraud Deceit Unlawful Means Conspiracy Vicarious Liability Trusts +2 more

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Parties

Dr Mohammed Abdulraman Abdulaziz Albesher

Claimant

Thomas Gerrard Ryan

First Defendant

Ryan Corporation (UK) Limited

Second Defendant

Credit Suisse (UK) Limited

Third Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether Ryan Corp's proposed defence has a real prospect of success
  2. 2 Whether it is appropriate to exercise discretion in favour of Ryan Corp to set aside default judgment

Ratio Decidendi

Ryan Corp demonstrated a real prospect of successfully defending the claim, and the application to set aside default judgment was made promptly. The balance of factors, including the seriousness of the default, absence of deliberate conduct, and the linkage to claims against other defendants, strongly favoured setting aside the default judgment.

Court Disposition

Application granted; default judgment set aside

Orders

  • Default judgment against Ryan Corporation (UK) Limited is set aside.
  • No condition imposed on setting aside regarding costs.