Alli-Balogun v On the Beach Ltd & Ors [2021] EWHC 1702 (QB) (22 June 2021)

Alli-Balogun v On the Beach Ltd & Ors [2021] EWHC 1702 (QB) (22 June 2021)

The 5th Defendant failed to show a real prospect of successfully defending the claim on liability. The facts pleaded and evidence available indicate clear negligence by the lifeguard, for which the 4th Defendant is vicariously liable and the 5th Defendant is directly liable as insurer. Joint liability under Spanish law means blaming other parties does not absolve the 4th/5th Defendants. The application to set aside was made promptly given procedural context, but absence of a realistic defence means the default judgment should remain.

Citation
[2021] EWHC 1702 (QB)
Parties
Claimant: Miss Gabrielle Alli-Balogun; Litigation Friend: Mrs Obiageli Alli-Balogun; Defendant: On The Beach Limited; Defendant: Zurich Insurance PLC Sucursal en Espana; Defendant: Hosa Hotel SL; Defendant: Institut de Balear d'Emergencies SL; Defendant: Mapfre Espana Compania de Seguros y Reaseguros SA
Jurisdiction
England and Wales
Judgment Date
22 June 2021
Procedural Posture
Application to Set Aside Default Judgment / Post Default Judgment, Pre Trial
Outcome
Application to set aside default judgment dismissed; default judgment remains in place.
Legal Topics
Default Judgment, Direct Action Against Insurer, Vicarious Liability, Negligence, Jurisdiction, Joint Liability
Civil Procedure Personal Injury Insurance Law Private International Law Default Judgment Direct Action Against Insurer Vicarious Liability Negligence +2 more

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Parties

Miss Gabrielle Alli-Balogun

Claimant

Mrs Obiageli Alli-Balogun

Litigation Friend

On The Beach Limited

Defendant

Zurich Insurance PLC Sucursal en Espana

Defendant

Hosa Hotel SL

Defendant

Institut de Balear d'Emergencies SL

Defendant

Mapfre Espana Compania de Seguros y Reaseguros SA

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Default Judgment, Pre Trial

Legal Issues

  1. 1 Whether the 5th Defendant has a real prospect of successfully defending the claim on liability
  2. 2 Whether the application to set aside default judgment was made promptly
  3. 3 Whether there is any other good reason to set aside the judgment

Ratio Decidendi

The 5th Defendant failed to show a real prospect of successfully defending the claim on liability. The facts pleaded and evidence available indicate clear negligence by the lifeguard, for which the 4th Defendant is vicariously liable and the 5th Defendant is directly liable as insurer. Joint liability under Spanish law means blaming other parties does not absolve the 4th/5th Defendants. The application to set aside was made promptly given procedural context, but absence of a realistic defence means the default judgment should remain.

Court Disposition

Application to set aside default judgment dismissed; default judgment remains in place.

Orders

  • Default judgment against the 5th Defendant remains.
  • No order setting aside default judgment.