Penta Ultimate Holdings Ltd & Anor v Storrier

Penta Ultimate Holdings Ltd & Anor v Storrier

The Defendant has a real prospect of defending the claim on liability, the application to set aside was made promptly, and in all the circumstances, including the complexity and value of the case and the overlap between liability and causation/loss, the default judgment should be set aside. A condition is imposed that the Defendant pay into court the amount of the Directors Loan.

Parties
Claimant: Penta Ultimate Holdings Limited; Claimant: Penta Consulting Limited; Defendant: Ian Storrier
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Civil (commercial) / Application to Set Aside Default Judgment and for Specific Disclosure
Outcome
Default judgment on liability set aside, Defendant permitted to defend liability, causation, and loss, subject to condition.
Legal Topics
Setting Aside Default Judgment, Relief From Sanctions, Directors' Duties, Disclosure Obligations, Breach of Duty, Causation and Loss
Civil Procedure Company Law Professional Negligence Setting Aside Default Judgment Relief From Sanctions Directors' Duties Disclosure Obligations Breach of Duty +1 more

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Parties

Penta Ultimate Holdings Limited

Claimant

Penta Consulting Limited

Claimant

Ian Storrier

Defendant

Procedural Posture

Civil (commercial) / Application to Set Aside Default Judgment and for Specific Disclosure

Legal Issues

  1. 1 Whether the default judgment on liability should be set aside under CPR 13.3
  2. 2 Whether the Defendant has a real prospect of successfully defending the claim
  3. 3 Whether there is some other good reason to set aside the judgment

Ratio Decidendi

The Defendant has a real prospect of defending the claim on liability, the application to set aside was made promptly, and in all the circumstances, including the complexity and value of the case and the overlap between liability and causation/loss, the default judgment should be set aside. A condition is imposed that the Defendant pay into court the amount of the Directors Loan.

Court Disposition

Default judgment on liability set aside, Defendant permitted to defend liability, causation, and loss, subject to condition.

Orders

  • Default judgment on liability set aside.
  • Defendant to pay into court the amount outstanding on his Directors Loan Account (approx. £51,000) as a condition.