JD Wetherspoon PLC v Burger (Re Consequential Matters) [2025] EWHC 1289 (KB) (23 May 2025)

JD Wetherspoon PLC v Burger (Re Consequential Matters) [2025] EWHC 1289 (KB) (23 May 2025)

Where a court order is set aside on appeal, all sums paid under that order must be repaid by the party who received them, with interest at a commercially realistic rate (here, 6% per annum) from the date of payment until repayment. Repayment should not be delayed pending a speculative further appeal, and the order should be made against the party, not their solicitors.

Citation
[2025] EWHC 1289 (KB)
Parties
Appellant: J D Wetherspoon Plc; Respondent: Stephenus Bernadus Burger; First Defendant: Risk Solutions BG Ltd.
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Appeal / Consequential Judgment Following Successful Appeal
Outcome
Appeal allowed; consequential orders made for repayment of sums with interest.
Legal Topics
Repayment of Sums on Appeal, Interest on Repaid Sums, Jurisdiction Over Non Party Solicitors, Stay of Repayment Pending Appeal
Civil Procedure Personal Injury Repayment of Sums on Appeal Interest on Repaid Sums Jurisdiction Over Non Party Solicitors Stay of Repayment Pending Appeal

Case Brief

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Parties

J D Wetherspoon Plc

Appellant

Stephenus Bernadus Burger

Respondent

Risk Solutions BG Ltd.

First Defendant

Procedural Posture

Appeal / Consequential Judgment Following Successful Appeal

Legal Issues

  1. 1 Whether interest is payable on sums repaid following a successful appeal
  2. 2 Appropriate rate of interest for repaid sums
  3. 3 Timing of repayment of sums following appeal

Ratio Decidendi

Where a court order is set aside on appeal, all sums paid under that order must be repaid by the party who received them, with interest at a commercially realistic rate (here, 6% per annum) from the date of payment until repayment. Repayment should not be delayed pending a speculative further appeal, and the order should be made against the party, not their solicitors.

Court Disposition

Appeal allowed; consequential orders made for repayment of sums with interest.

Orders

  • Mr Burger to repay JDW £188,698.24 (damages and costs) with interest at 6% per annum from 10 October 2023 until repayment.
  • Repayment to be made within 28 days of the order.