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 (including the police report) established a strong case of negligence against the lifeguard and thus vicarious liability for the 4th Defendant and its insurer. The absence of a factual defence or evidence from the lifeguard, and the joint and several liability regime under Spanish law, meant the insurer's arguments lacked conviction. The application to set aside was made promptly in the circumstances, but as there was no real prospect of a successful defence, the default judgment should remain.

Citation
[2021] EWHC 1702
Parties
Claimant: Miss Gabrielle Alli-Balogun (a child, by her Mother & 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 (queen's Bench Division, High Court) / Post Default Judgment, Pre Trial, Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Application to set aside default judgment dismissed; default judgment remains in place.
Legal Topics
Default Judgment, Setting Aside Judgment, Direct Action Against Insurer, Vicarious Liability, Negligence, Jurisdiction, Spanish Law Application, Joint and Several Liability
Civil Procedure Personal Injury Insurance Law Private International Law Default Judgment Setting Aside Judgment Direct Action Against Insurer Vicarious Liability +4 more

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Miss Gabrielle Alli-Balogun (a child, by her Mother & Litigation Friend, Mrs Obiageli Alli-Balogun)

Claimant

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 (queen's Bench Division, High Court) / Post Default Judgment, Pre Trial, Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the 5th Defendant (insurer) has a real prospect of successfully defending the claim so as to justify setting aside default judgment under CPR 13.3
  2. 2 Whether there is any other good reason to set aside the default judgment
  3. 3 Whether the application to set aside was made promptly

Ratio Decidendi

The 5th Defendant failed to show a real prospect of successfully defending the claim on liability. The facts pleaded and evidence (including the police report) established a strong case of negligence against the lifeguard and thus vicarious liability for the 4th Defendant and its insurer. The absence of a factual defence or evidence from the lifeguard, and the joint and several liability regime under Spanish law, meant the insurer's arguments lacked conviction. The application to set aside was made promptly in the circumstances, but as there was no real prospect of a successful defence, 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 (Mapfre Espana Compania de Seguros y Reaseguros SA) to stand.
  • Costs of the application to be paid by the 5th Defendant.