ESR Insurance Services Ltd. v Clemons & Ors [2008] EWHC 2023 (Comm) (11 August 2008)

ESR Insurance Services Ltd. v Clemons & Ors [2008] EWHC 2023 (Comm) (11 August 2008)

Default judgment is granted against the first and third to seventh defendants as they failed to acknowledge service within the prescribed period after proper service. The second defendant is granted an extension of time to file acknowledgment of service due to late but prompt action and recent access to legal advice, and the claim against him may proceed to summary judgment with directions for evidence and hearing.

Citation
[2008] EWHC 2023 (Comm)
Parties
Claimant: ESR Insurance Services Limited (In Administration); First Defendant: Wendell Clemons; Second Defendant: David Bedford; Third Defendant: Plex Partners One LLC; Fourth Defendant: Anjen International Holdings Limited; Fifth Defendant: Bermier Platinum Entertainment Inc; Sixth Defendant: Black Pearl Entertainment; Seventh Defendant: Manchester Holdings Inc
Jurisdiction
England and Wales
Judgment Date
11 August 2008
Procedural Posture
Commercial Claim (part 7) / Application for Default Judgment and Extension of Time for Acknowledgment of Service
Outcome
Default judgment granted against first and third to seventh defendants; extension of time granted to second defendant to file acknowledgment of service; directions for summary judgment application against second defendant.
Legal Topics
Default Judgment, Acknowledgment of Service, Breach of Fiduciary Duty, Fraud, Freezing Order, Summary Judgment
Commercial Law Civil Procedure Default Judgment Acknowledgment of Service Breach of Fiduciary Duty Fraud Freezing Order Summary Judgment

Case Brief

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Parties

ESR Insurance Services Limited (In Administration)

Claimant

Wendell Clemons

First Defendant

David Bedford

Second Defendant

Plex Partners One LLC

Third Defendant

Anjen International Holdings Limited

Fourth Defendant

Bermier Platinum Entertainment Inc

Fifth Defendant

Black Pearl Entertainment

Sixth Defendant

Manchester Holdings Inc

Seventh Defendant

Procedural Posture

Commercial Claim (part 7) / Application for Default Judgment and Extension of Time for Acknowledgment of Service

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment against defendants who failed to acknowledge service
  2. 2 Whether the second defendant should be granted an extension of time to file acknowledgment of service
  3. 3 Whether the claim against the second defendant should be limited to breach of fiduciary duty

Ratio Decidendi

Default judgment is granted against the first and third to seventh defendants as they failed to acknowledge service within the prescribed period after proper service. The second defendant is granted an extension of time to file acknowledgment of service due to late but prompt action and recent access to legal advice, and the claim against him may proceed to summary judgment with directions for evidence and hearing.

Court Disposition

Default judgment granted against first and third to seventh defendants; extension of time granted to second defendant to file acknowledgment of service; directions for summary judgment application against second defendant.

Orders

  • Judgment in the principal sum of £2,661,892.24 plus interest (£595,060.93 as of 11 August 2008) against first and third to seventh defendants.
  • Second defendant granted extension of time to 31 July 2008 to file acknowledgment of service.