Close Brothers Limited v Rooster Trucking Company Limited & Anor

Close Brothers Limited v Rooster Trucking Company Limited & Anor

There are no exceptional circumstances or credible evidence of fraud discovered after judgment that would justify staying enforcement or setting aside the final charging order. All issues regarding the alleged forgery and fraud were previously determined, and the new evidence does not materially alter the position. The application is dismissed.

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 / Ruling on Application for Stay of Enforcement Pending Alleged Fraud Claim
Outcome
Application dismissed
Legal Topics
Enforcement of Judgments, Setting Aside Default Judgment, Fraud on the Court, Personal Guarantees, Hire Purchase Agreements
Civil Procedure Commercial Law Enforcement of Judgments Setting Aside Default Judgment Fraud on the Court Personal Guarantees Hire Purchase Agreements

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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 / Ruling on Application for Stay of Enforcement Pending Alleged Fraud Claim

Legal Issues

  1. 1 Whether there are grounds to stay enforcement of a final charging order based on alleged forgery of personal guarantees and fraud
  2. 2 Whether new evidence justifies setting aside a default judgment after all appeals have been exhausted

Ratio Decidendi

There are no exceptional circumstances or credible evidence of fraud discovered after judgment that would justify staying enforcement or setting aside the final charging order. All issues regarding the alleged forgery and fraud were previously determined, and the new evidence does not materially alter the position. The application is dismissed.

Court Disposition

Application dismissed

Orders

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