Albesher v Ryan & Ors [2016] EWHC 541 (Comm) (15 March 2016)

Albesher v Ryan & Ors [2016] EWHC 541 (Comm) (15 March 2016)

Ryan Corp demonstrated a real prospect of successfully defending the claims for deceit and conspiracy, as the particulars of claim did not sufficiently plead that Mr Ryan's alleged fraudulent acts were committed on behalf of Ryan Corp or with its authority, nor that Ryan Corp was vicariously liable. The claim for a constructive or resulting trust was not adequately particularised. Accordingly, the default judgment against Ryan Corp was set aside under CPR 13.3.

Citation
[2016] EWHC 541 (Comm)
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 to Set Aside Default Judgment / Application to Set Aside Default Judgment; Interlocutory
Outcome
Default judgment against Ryan Corp set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Deceit, Unlawful Means Conspiracy, Vicarious Liability, Constructive Trust, Dishonest Assistance, Guarantee Liability
Civil Procedure Commercial Law Fraud Default Judgment Setting Aside Judgment Deceit Unlawful Means Conspiracy Vicarious Liability +3 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 to Set Aside Default Judgment / Application to Set Aside Default Judgment; Interlocutory

Legal Issues

  1. 1 Whether Ryan Corp has a real prospect of successfully defending the claim for deceit and conspiracy
  2. 2 Whether there is good reason to set aside the default judgment under CPR 13.3
  3. 3 Whether the particulars of claim disclose a viable cause of action in deceit or conspiracy against Ryan Corp

Ratio Decidendi

Ryan Corp demonstrated a real prospect of successfully defending the claims for deceit and conspiracy, as the particulars of claim did not sufficiently plead that Mr Ryan's alleged fraudulent acts were committed on behalf of Ryan Corp or with its authority, nor that Ryan Corp was vicariously liable. The claim for a constructive or resulting trust was not adequately particularised. Accordingly, the default judgment against Ryan Corp was set aside under CPR 13.3.

Court Disposition

Default judgment against Ryan Corp set aside

Orders

  • Default judgment against Ryan Corp is set aside.
  • Ryan Corp is granted permission to defend the claim.