Almond & Ors v Medgolf Properties Ltd & Ors (2)

Almond & Ors v Medgolf Properties Ltd & Ors (2)

The claimants are entitled to default judgment and rescission of the contracts as the requirements of CPR Part 12 are satisfied, the court has jurisdiction, and the banks are not innocent third parties.

Parties
Claimant: Ian Almond & Others; Defendant: Medgolf Properties Limited & Others; Defendant: Lijana Armailaite & Others; Defendant: Third & Nineteenth Defendants in Case No. 2013-000541
Jurisdiction
England and Wales
Judgment Date
19 May 2015
Procedural Posture
Civil (commercial) / Application for Default Judgment
Outcome
Default judgment granted in favour of claimants; rescission of contracts ordered.
Legal Topics
Default Judgment, Rescission of Contract, Jurisdiction
Contract Law Civil Procedure Default Judgment Rescission of Contract Jurisdiction

Case Brief

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Parties

Ian Almond & Others

Claimant

Medgolf Properties Limited & Others

Defendant

Lijana Armailaite & Others

Defendant

Third & Nineteenth Defendants in Case No. 2013-000541

Defendant

Procedural Posture

Civil (commercial) / Application for Default Judgment

Legal Issues

  1. 1 Whether claimants are entitled to default judgment under CPR Part 12
  2. 2 Whether rescission of contract is appropriate where contracts have been assigned to third parties
  3. 3 Whether the court has jurisdiction

Ratio Decidendi

The claimants are entitled to default judgment and rescission of the contracts as the requirements of CPR Part 12 are satisfied, the court has jurisdiction, and the banks are not innocent third parties.

Court Disposition

Default judgment granted in favour of claimants; rescission of contracts ordered.

Orders

  • Claimants granted default judgment against non-appearing developer defendants.
  • Contracts between claimants and developer defendants rescinded, subject to clarification regarding Dubai-based claimants.