Thiscompany Limited & Ors v David John Welsh & Ors

Thiscompany Limited & Ors v David John Welsh & Ors

Judgment should be set aside because the Defence discloses a real prospect of success, the application to set aside was made promptly, and the interests of justice and the overriding objective require it. There was no good reason for the default, but the balance of factors favours setting aside the judgment.

Parties
Claimant: THISCOMPANY LIMITED; Claimant: THE BEAUTIFUL MIND SERIES LIMITED; Claimant: KINSKI LIMITED; Defendant: DAVID JOHN WELSH; Defendant: GALES HOLDINGS LTD; Defendant: NICOLA DENNIS; Defendant: GARDEN COTTAGE FACILITIES LTD
Jurisdiction
England and Wales
Judgment Date
19 August 2024
Procedural Posture
Commercial Claim (part 7) / Application to Set Aside Default Judgment and for Permission to File Defence and Part 20 Claim
Outcome
Default judgment set aside; permission granted to file and serve Defence and Part 20 claim within 7 days of order.
Legal Topics
Default Judgment, Relief From Sanctions, Service of Particulars of Claim, Directors’ Duties, Unjust Enrichment, Breach of Contract
Civil Procedure Commercial Law Default Judgment Relief From Sanctions Service of Particulars of Claim Directors’ Duties Unjust Enrichment Breach of Contract

Case Brief

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Parties

THISCOMPANY LIMITED

Claimant

THE BEAUTIFUL MIND SERIES LIMITED

Claimant

KINSKI LIMITED

Claimant

DAVID JOHN WELSH

Defendant

GALES HOLDINGS LTD

Defendant

NICOLA DENNIS

Defendant

GARDEN COTTAGE FACILITIES LTD

Defendant

Procedural Posture

Commercial Claim (part 7) / Application to Set Aside Default Judgment and for Permission to File Defence and Part 20 Claim

Legal Issues

  1. 1 Whether default judgment should be set aside under CPR 13.3
  2. 2 Whether the Defence discloses a real prospect of success
  3. 3 Whether the application for default judgment was properly made without notice

Ratio Decidendi

Judgment should be set aside because the Defence discloses a real prospect of success, the application to set aside was made promptly, and the interests of justice and the overriding objective require it. There was no good reason for the default, but the balance of factors favours setting aside the judgment.

Court Disposition

Default judgment set aside; permission granted to file and serve Defence and Part 20 claim within 7 days of order.

Orders

  • Default judgment entered on 22 May 2024 is set aside.
  • Welsh Defendants granted permission to file and serve Defence and Part 20 claim within 7 days of the order.