Justice Investments Ltd v Visalia Enegia SL t/a Nace

Justice Investments Ltd v Visalia Enegia SL t/a Nace

Default judgment can be granted against the Third, Fourth and Fifth Defendants as the claims against them can be dealt with separately from those against the First and Second Defendants, and granting such judgment does not prejudice the non-defaulting defendants. However, as the claims are for unspecified sums in tort, judgment is for damages to be assessed, not for specified amounts.

Parties
Claimant: Justice Investments Ltd; First Defendant: Visalia Enegria SL t/a Nace; Second Defendant: Pablo Abejas Garcia; Third Defendant: Alejandro Ortega Herrero; Fourth Defendant: Carmen Doncel Rodriguez; Fifth Defendant: Felpugos Abejas SL
Jurisdiction
England and Wales
Judgment Date
04 November 2024
Procedural Posture
Civil (tort, Default Judgment) / Application for Default Judgment Against Third, Fourth and Fifth Defendants; Proceedings Stayed as Against First and Second Defendants
Outcome
Default judgment granted against Third, Fourth and Fifth Defendants for damages to be assessed; not binding on First and Second Defendants.
Legal Topics
Default Judgment, Deceit, Conspiracy, Breach of Fiduciary Duty
Civil Procedure Tort Default Judgment Deceit Conspiracy Breach of Fiduciary Duty

Case Brief

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Parties

Justice Investments Ltd

Claimant

Visalia Enegria SL t/a Nace

First Defendant

Pablo Abejas Garcia

Second Defendant

Alejandro Ortega Herrero

Third Defendant

Carmen Doncel Rodriguez

Fourth Defendant

Felpugos Abejas SL

Fifth Defendant

Procedural Posture

Civil (tort, Default Judgment) / Application for Default Judgment Against Third, Fourth and Fifth Defendants; Proceedings Stayed as Against First and Second Defendants

Legal Issues

  1. 1 Whether default judgment can be granted against some defendants when proceedings are stayed against others
  2. 2 Whether the claims are for specified or unspecified sums
  3. 3 Whether granting default judgment would prejudice non-defaulting defendants

Ratio Decidendi

Default judgment can be granted against the Third, Fourth and Fifth Defendants as the claims against them can be dealt with separately from those against the First and Second Defendants, and granting such judgment does not prejudice the non-defaulting defendants. However, as the claims are for unspecified sums in tort, judgment is for damages to be assessed, not for specified amounts.

Court Disposition

Default judgment granted against Third, Fourth and Fifth Defendants for damages to be assessed; not binding on First and Second Defendants.

Orders

  • Default judgment entered against Third, Fourth and Fifth Defendants for damages to be assessed.
  • Claimant to serve witness statement and legal submissions by specified date.