Blue Side Services SA & Ors v BMF Holdings Limited

Blue Side Services SA & Ors v BMF Holdings Limited

The Claimants failed to provide any good reason for not attending the hearing on 18 March 2022, did not substantiate their inability to attend, and their claims had no realistic prospect of success. The requirements for setting aside the order under CPR 39.3(3) (by analogy) and CPR 3.1(7) were not met. The applications were abusive and totally without merit, justifying dismissal and the imposition of an extended civil restraint order.

Parties
Claimant: Blue Side Services S.A.; Claimant: Cherry Services Ltd; Claimant: Corelli Capital AG; Defendant: BMF Holdings Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Civil Commercial / Post Judgment Application to Set Aside or Vary Summary Judgment and Strike Out Order
Outcome
Application to adjourn and application to set aside or vary the order of 18 March 2022 dismissed; extended civil restraint order made against the Claimants.
Legal Topics
Setting Aside Orders, Summary Judgment, Strike Out, Civil Restraint Orders, Adjournment Applications
Civil Procedure Setting Aside Orders Summary Judgment Strike Out Civil Restraint Orders Adjournment Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Blue Side Services S.A.

Claimant

Cherry Services Ltd

Claimant

Corelli Capital AG

Claimant

BMF Holdings Limited

Defendant

Procedural Posture

Civil Commercial / Post Judgment Application to Set Aside or Vary Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether the order of 18 March 2022 dismissing and striking out the claims should be set aside or varied under CPR 39.3(3), CPR 3.1(7), or otherwise
  2. 2 Whether the Claimants had a good reason for not attending the hearing on 18 March 2022
  3. 3 Whether the Claimants' application to adjourn should be granted

Ratio Decidendi

The Claimants failed to provide any good reason for not attending the hearing on 18 March 2022, did not substantiate their inability to attend, and their claims had no realistic prospect of success. The requirements for setting aside the order under CPR 39.3(3) (by analogy) and CPR 3.1(7) were not met. The applications were abusive and totally without merit, justifying dismissal and the imposition of an extended civil restraint order.

Court Disposition

Application to adjourn and application to set aside or vary the order of 18 March 2022 dismissed; extended civil restraint order made against the Claimants.

Orders

  • Application to adjourn dismissed as totally without merit.
  • Application to set aside or vary the order of 18 March 2022 dismissed as totally without merit and an abuse of process.