Close Brothers Limited (t/a Close Brothers Asset Finance) v Rooster Trucking Company Ltd & Ors [2022] EWHC 2245 (Ch) (20 June 2022)

Close Brothers Limited (t/a Close Brothers Asset Finance) v Rooster Trucking Company Ltd & Ors [2022] EWHC 2245 (Ch) (20 June 2022)

The application to stay enforcement of the final charging order is dismissed because all issues regarding the validity of the guarantees and allegations of forgery have already been fully litigated and determined against the Defendants, including on appeal. The new evidence does not amount to exceptional circumstances justifying setting aside or staying enforcement of the final judgment, as it does not establish a strong case of fraud discovered after the judgment. The principle of finality in litigation and the absence of a properly pleaded new claim preclude the relief sought.

Citation
[2022] EWHC 2245 (Ch)
Parties
Claimant: Close Brothers Limited (t/a Close Brothers Asset Finance); First Defendant: Rooster Trucking Company Limited; Second Defendant: David William Taylor; Third Defendant: Luke Hudson Taylor
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Application for Stay of Enforcement of Final Charging Order / Post Judgment, Application for Stay of Enforcement
Outcome
Application dismissed
Legal Topics
Enforcement of Judgments, Charging Orders, Personal Guarantees, Fraud Allegations, Setting Aside Judgments, Appeals, Civil Restraint Orders
Civil Procedure Commercial Law Banking and Finance Enforcement of Judgments Charging Orders Personal Guarantees Fraud Allegations Setting Aside Judgments +2 more

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Parties

Close Brothers Limited (t/a Close Brothers Asset Finance)

Claimant

Rooster Trucking Company Limited

First Defendant

David William Taylor

Second Defendant

Luke Hudson Taylor

Third Defendant

Procedural Posture

Application for Stay of Enforcement of Final Charging Order / Post Judgment, Application for Stay of Enforcement

Legal Issues

  1. 1 Whether there are grounds to stay enforcement of a final charging order pending resolution of alleged fraud regarding personal guarantees
  2. 2 Whether new evidence of alleged forgery justifies setting aside or staying enforcement of a final judgment
  3. 3 Whether the court has jurisdiction to vary or revoke a final order in these circumstances

Ratio Decidendi

The application to stay enforcement of the final charging order is dismissed because all issues regarding the validity of the guarantees and allegations of forgery have already been fully litigated and determined against the Defendants, including on appeal. The new evidence does not amount to exceptional circumstances justifying setting aside or staying enforcement of the final judgment, as it does not establish a strong case of fraud discovered after the judgment. The principle of finality in litigation and the absence of a properly pleaded new claim preclude the relief sought.

Court Disposition

Application dismissed

Orders

  • Application for stay of enforcement of final charging order is dismissed.