Black Arrow Finance Ltd v Four Seasons Dry Cleaning Ltd & Anor [2001] EWCA Civ 430 (8 March 2001)

Black Arrow Finance Ltd v Four Seasons Dry Cleaning Ltd & Anor [2001] EWCA Civ 430 (8 March 2001)

The default judgment was set aside because the particulars of claim did not plead a demand under the on-demand guarantee, and thus did not disclose a cause of action. The court also found that, on the balance of probabilities, the defence was not filed in time, but the technicality should not allow the judgment to...

Source-derived case information.

Citation
[2001] EWCA Civ 430
Parties
Respondent: Black Arrow Finance Ltd; First Defendant: Four Seasons Dry Cleaning Ltd; Second Defendant/applicant/appellant: Simon Wills
Jurisdiction
England and Wales
Judgment Date
08 March 2001
Procedural Posture
Civil Appeal / Appeal From County Court Order; Application for Permission to Rely on Further Evidence
Outcome
Appeal allowed; default judgment set aside
Legal Topics
Default Judgment, Setting Aside Judgment, Guarantee Liability, Civil Procedure Rules, Filing by Fax
Civil Procedure Contract Law Default Judgment Setting Aside Judgment Guarantee Liability Civil Procedure Rules Filing by Fax

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Parties

Black Arrow Finance Ltd

Respondent

Four Seasons Dry Cleaning Ltd

First Defendant

Simon Wills

Second Defendant/applicant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Order; Application for Permission to Rely on Further Evidence

Legal Issues

  1. 1 Whether the default judgment should be set aside due to alleged filing of a defence by fax
  2. 2 Whether the particulars of claim disclosed a cause of action without pleading a demand under an on-demand guarantee

Ratio Decidendi

The default judgment was set aside because the particulars of claim did not plead a demand under the on-demand guarantee, and thus did not disclose a cause of action. The court also found that, on the balance of probabilities, the defence was not filed in time, but the technicality should not allow the judgment to stand when no cause of action was pleaded.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Default judgment set aside
  • Leave to claimants to apply to amend particulars of claim and pursue summary judgment if so advised