Black Arrow Finance Ltd v Orderdaily Co Ltd & Ors [2001] EWCA Civ 1188 (9 July 2001)

Black Arrow Finance Ltd v Orderdaily Co Ltd & Ors [2001] EWCA Civ 1188 (9 July 2001)

The application for permission to appeal is adjourned for hearing on notice to the claimant, as there are unresolved issues regarding service, notice, and the propriety of entering default judgment on a contingent claim.

Citation
[2001] EWCA Civ 1188
Parties
Claimant: Black Arrow Finance Ltd; First Defendant: Orderdaily Co Ltd; Sixth Defendant: Mr Wilkinson
Jurisdiction
England and Wales
Judgment Date
09 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice
Outcome
Application for permission to appeal adjourned for hearing on notice; costs of today to be costs in any appeal; application to adduce further evidence adjourned; stay granted until next hearing.
Legal Topics
Default Judgment, Setting Aside Judgment, Service of Process, Conspiracy to Defraud, Alternative Service
Civil Procedure Fraud Default Judgment Setting Aside Judgment Service of Process Conspiracy to Defraud Alternative Service

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Parties

Black Arrow Finance Ltd

Claimant

Orderdaily Co Ltd

First Defendant

Mr Wilkinson

Sixth Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal; Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether default judgment against Mr Wilkinson should be set aside
  2. 2 Whether proper service and notice were given to Mr Wilkinson
  3. 3 Whether a default judgment can be entered on a contingent claim

Ratio Decidendi

The application for permission to appeal is adjourned for hearing on notice to the claimant, as there are unresolved issues regarding service, notice, and the propriety of entering default judgment on a contingent claim.

Court Disposition

Application for permission to appeal adjourned for hearing on notice; costs of today to be costs in any appeal; application to adduce further evidence adjourned; stay granted until next hearing.

Orders

  • Application for permission to appeal adjourned to be heard on notice with appeal to follow immediately if permission is granted.
  • Costs of today to be costs in any appeal.