Black Arrow Finance Ltd v Orderdaily Ltd & Ors [2002] EWCA Civ 289 (31 January 2002)

Black Arrow Finance Ltd v Orderdaily Ltd & Ors [2002] EWCA Civ 289 (31 January 2002)

The default judgment was set aside because the pleadings did not sufficiently allege fraudulent misrepresentation or conspiracy against the sixth defendant, the order for alternative service was made without full disclosure of relevant facts, and the particulars of claim may not have reached the sixth defendant. The subsequent reamended pleadings altered the basis of the claim, making the original default judgment unjustified.

Citation
[2002] EWCA Civ 289
Parties
Claimant: Black Arrow Finance Limited; Defendant: Orderdaily Limited; Defendant: Elka Wilkinson; Defendant: Total Technologies Limited; Defendant: Malcolm Bourne; Defendant: John Stevens; Defendant: Alan Wilkinson
Jurisdiction
England and Wales
Judgment Date
31 January 2002
Procedural Posture
Civil Appeal / Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside
Legal Topics
Default Judgment, Alternative Service, Fraudulent Misrepresentation, Conspiracy to Defraud, Setting Aside Judgment
Civil Procedure Contract Law Fraud Default Judgment Alternative Service Fraudulent Misrepresentation Conspiracy to Defraud Setting Aside Judgment

Case Brief

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Parties

Black Arrow Finance Limited

Claimant

Orderdaily Limited

Defendant

Elka Wilkinson

Defendant

Total Technologies Limited

Defendant

Malcolm Bourne

Defendant

John Stevens

Defendant

Alan Wilkinson

Defendant

Procedural Posture

Civil Appeal / Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the sixth defendant (Alan Wilkinson) should be set aside
  2. 2 Whether the particulars of claim sufficiently pleaded fraudulent misrepresentation or conspiracy to defraud
  3. 3 Whether the order for alternative service was properly obtained and executed

Ratio Decidendi

The default judgment was set aside because the pleadings did not sufficiently allege fraudulent misrepresentation or conspiracy against the sixth defendant, the order for alternative service was made without full disclosure of relevant facts, and the particulars of claim may not have reached the sixth defendant. The subsequent reamended pleadings altered the basis of the claim, making the original default judgment unjustified.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Permission to appeal granted
  • Permission to rely on further evidence granted