Walton Family Estates Ltd & Ors v GID Services Ltd & Ors [2021] EWHC 464 (Comm) (08 February 2021)

Walton Family Estates Ltd & Ors v GID Services Ltd & Ors [2021] EWHC 464 (Comm) (08 February 2021)

There was no material change of circumstances since the original order; the evidence and proposed method could have been advanced earlier but were deliberately withheld. The application was a change of tactics, not a change of circumstances, and the new evidence was insufficient and speculative. Therefore, the application to vary the order and extend time was dismissed.

Citation
[2021] EWHC 464 (Comm)
Parties
Claimant: Walton Family Estates Limited; Claimant: Airfield Farms Sulby Limited; Claimant: David Walton; Claimant: Elizabeth Walton; Claimant: John Walton; Claimant: Peter Walton; Defendant: GJD Services Limited; Defendant: GJD Aerotech Limited; Defendant: Kepler Aerospace Limited; Defendant: AGD Systems Corporation; Defendant: Tristar Air LLC; Defendant: Tempus Applied Solutions Holdings Inc; Defendant: ECJ Holdings Limited; Defendant: Japan Sky Services K.K.
Jurisdiction
England and Wales
Judgment Date
08 February 2021
Procedural Posture
Commercial Application (post Judgment) / Application to Vary Order and for Extension of Time
Outcome
Application dismissed
Legal Topics
Variation of Court Orders, Summary Judgment Enforcement, Removal of Property, Costs Assessment
Civil Procedure Commercial Law Variation of Court Orders Summary Judgment Enforcement Removal of Property Costs Assessment

Case Brief

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Parties

Walton Family Estates Limited

Claimant

Airfield Farms Sulby Limited

Claimant

David Walton

Claimant

Elizabeth Walton

Claimant

John Walton

Claimant

Peter Walton

Claimant

GJD Services Limited

Defendant

GJD Aerotech Limited

Defendant

Kepler Aerospace Limited

Defendant

AGD Systems Corporation

Defendant

Tristar Air LLC

Defendant

Tempus Applied Solutions Holdings Inc

Defendant

ECJ Holdings Limited

Defendant

Japan Sky Services K.K.

Defendant

Procedural Posture

Commercial Application (post Judgment) / Application to Vary Order and for Extension of Time

Legal Issues

  1. 1 Whether the order for removal of aircraft should be varied to permit removal by any viable means, including airlift, and extension of time for compliance
  2. 2 Whether there has been a material change of circumstances justifying variation under CPR 3.1.7
  3. 3 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

There was no material change of circumstances since the original order; the evidence and proposed method could have been advanced earlier but were deliberately withheld. The application was a change of tactics, not a change of circumstances, and the new evidence was insufficient and speculative. Therefore, the application to vary the order and extend time was dismissed.

Court Disposition

Application dismissed

Orders

  • Application to vary order to permit removal by any viable means including airlift is refused.
  • Application for extension of time to 15 April 2021 is refused.