JD Wetherspoon Plc v Stephenus Bernadus Burger & Anor (Consequential matters)

JD Wetherspoon Plc v Stephenus Bernadus Burger & Anor (Consequential matters)

Repayment of all sums paid under the set-aside order must be made by Mr Burger to JDW, with interest at 6% per annum from date of payment until repayment; repayment should not be delayed pending possible appeal, and order is against Mr Burger alone.

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 After Appeal Allowed
Outcome
Appeal allowed; consequential orders for repayment granted.
Legal Topics
Repayment of Monies, Interest on Repayment, Stay of Execution, Costs Orders
Civil Procedure Personal Injury Repayment of Monies Interest on Repayment Stay of Execution Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

J D Wetherspoon Plc

Appellant

Stephenus Bernadus Burger

Respondent

Risk Solutions BG Ltd.

First Defendant

Procedural Posture

Appeal / Consequential Judgment After Appeal Allowed

Legal Issues

  1. 1 appropriate rate of interest on repayment of monies after order set aside
  2. 2 timing of repayment
  3. 3 against whom repayment order should be made

Ratio Decidendi

Repayment of all sums paid under the set-aside order must be made by Mr Burger to JDW, with interest at 6% per annum from date of payment until repayment; repayment should not be delayed pending possible appeal, and order is against Mr Burger alone.

Court Disposition

Appeal allowed; consequential orders for repayment granted.

Orders

  • Mr Burger to repay JDW £188,698.24 (damages and costs)
  • Interest at 6% per annum from 10 October 2023 until repayment