Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) (14 September 2020)

Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) (14 September 2020)

The defendant has a more than merely arguable defence on liability regarding the 2017 Accounts and alleged unauthorised payments, and the application to set aside default judgment was made promptly. Despite the defendant's delay and lack of engagement, the defence is not fanciful and should be allowed to proceed. Relief from sanctions is granted, and default judgment on liability is set aside. Specific disclosure is ordered to enable the defendant to properly plead his defence.

Citation
[2020] EWHC 2400 (Ch)
Parties
Claimant: Penta Ultimate Holdings Limited; Claimant: Penta Consulting Limited; Defendant: Ian Storrier
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Application to Set Aside Default Judgment and for Specific Disclosure / Post Default Judgment, Interlocutory Application
Outcome
Application granted; default judgment on liability set aside; specific disclosure ordered.
Legal Topics
Default Judgment, Relief From Sanctions, Disclosure, Directors' Duties, Accounting Errors
Civil Procedure Company Law Professional Negligence Default Judgment Relief From Sanctions Disclosure Directors' Duties Accounting Errors

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Parties

Penta Ultimate Holdings Limited

Claimant

Penta Consulting Limited

Claimant

Ian Storrier

Defendant

Procedural Posture

Application to Set Aside Default Judgment and for Specific Disclosure / Post Default Judgment, Interlocutory Application

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim for purposes of CPR 13.3(1)(a)
  2. 2 Whether there is some other good reason to set aside default judgment under CPR 13.3(1)(b)
  3. 3 Whether the application for relief from sanctions meets the Denton test

Ratio Decidendi

The defendant has a more than merely arguable defence on liability regarding the 2017 Accounts and alleged unauthorised payments, and the application to set aside default judgment was made promptly. Despite the defendant's delay and lack of engagement, the defence is not fanciful and should be allowed to proceed. Relief from sanctions is granted, and default judgment on liability is set aside. Specific disclosure is ordered to enable the defendant to properly plead his defence.

Court Disposition

Application granted; default judgment on liability set aside; specific disclosure ordered.

Orders

  • Default judgment on liability set aside.
  • Defendant permitted to defend the claim.