Richmond & Anor v Burch & Ors

Richmond & Anor v Burch & Ors

The Master lacked jurisdiction to set aside a default judgment containing a final injunction, as such orders 'relate to' injunctions and are reserved for Judges under the Practice Direction. Nevertheless, the appeal is treated as a re-hearing, and the default judgment is set aside due to good reasons including unresolved disputes and causation issues, but costs orders are varied to require the Defendants to pay Claimants’ costs of the assessment and set-aside applications.

Parties
Claimant: Peter Norman Richmond; Claimant: Alpine Taxis Limited; Defendant: David Richard Burch; Defendant: Praisecover Limited; Defendant: Elizabeth Ann Burch
Jurisdiction
England and Wales
Judgment Date
07 April 2006
Procedural Posture
Civil Appeal / Appeal Against Order Setting Aside Default Judgment and Declining Directions for Assessment of Damages
Outcome
Appeal allowed in part; default judgment set aside; costs orders varied.
Legal Topics
Default Judgment, Injunctions, Directors' Duties, Assessment of Damages, Jurisdiction of Masters
Civil Procedure Company Law Equity Default Judgment Injunctions Directors' Duties Assessment of Damages Jurisdiction of Masters

Case Brief

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Parties

Peter Norman Richmond

Claimant

Alpine Taxis Limited

Claimant

David Richard Burch

Defendant

Praisecover Limited

Defendant

Elizabeth Ann Burch

Defendant

Procedural Posture

Civil Appeal / Appeal Against Order Setting Aside Default Judgment and Declining Directions for Assessment of Damages

Legal Issues

  1. 1 Whether the Master had jurisdiction to set aside a default judgment containing injunctive relief
  2. 2 Whether the default judgment should be set aside under CPR 13.3
  3. 3 Whether costs orders made by the Master were correct

Ratio Decidendi

The Master lacked jurisdiction to set aside a default judgment containing a final injunction, as such orders 'relate to' injunctions and are reserved for Judges under the Practice Direction. Nevertheless, the appeal is treated as a re-hearing, and the default judgment is set aside due to good reasons including unresolved disputes and causation issues, but costs orders are varied to require the Defendants to pay Claimants’ costs of the assessment and set-aside applications.

Court Disposition

Appeal allowed in part; default judgment set aside; costs orders varied.

Orders

  • Defendants to pay Claimants’ costs of the assessment application.
  • Defendants to pay Claimants’ costs of the set-aside application.