The Estate of Euan McIntyre Lindsay & Anor v Outlook Finance Limited & Anor

The Estate of Euan McIntyre Lindsay & Anor v Outlook Finance Limited & Anor

The Manchester judgment was set aside as against both Outlook and Mr Butcher due to fraud perpetrated by Outlook's agent, even though Mr Butcher was not complicit; equitable jurisdiction allows setting aside against non-fraudulent beneficiaries. Costs awarded to claimants on the standard basis, reduced by 25% for unjustified fraud allegations against Mr Butcher. Repayment of costs ordered. Permission to appeal granted on the scope of equitable jurisdiction.

Parties
Claimant: The Estate of Euan McIntyre Lindsay (deceased); Claimant: William Donald Lindsay (t/a DM Lindsay); Defendant: Outlook Finance Limited (in liquidation); Defendant: Roderick Graham Butcher
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Civil / Post Judgment (consequential Matters)
Outcome
Judgment of HHJ Bird set aside as against Outlook and Mr Butcher; retrial ordered; consequential costs and repayment orders made.
Legal Topics
Setting Aside Judgment for Fraud, Costs, Equitable Jurisdiction, Permission to Appeal, Retrial Directions
Civil Procedure Equity Fraud Setting Aside Judgment for Fraud Costs Equitable Jurisdiction Permission to Appeal Retrial Directions

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Parties

The Estate of Euan McIntyre Lindsay (deceased)

Claimant

William Donald Lindsay (t/a DM Lindsay)

Claimant

Outlook Finance Limited (in liquidation)

Defendant

Roderick Graham Butcher

Defendant

Procedural Posture

Civil / Post Judgment (consequential Matters)

Legal Issues

  1. 1 Whether a judgment obtained by fraud should be set aside as against both fraudulent and non-fraudulent parties
  2. 2 Appropriate costs orders following setting aside for fraud
  3. 3 Repayment of costs paid under the original judgment

Ratio Decidendi

The Manchester judgment was set aside as against both Outlook and Mr Butcher due to fraud perpetrated by Outlook's agent, even though Mr Butcher was not complicit; equitable jurisdiction allows setting aside against non-fraudulent beneficiaries. Costs awarded to claimants on the standard basis, reduced by 25% for unjustified fraud allegations against Mr Butcher. Repayment of costs ordered. Permission to appeal granted on the scope of equitable jurisdiction.

Court Disposition

Judgment of HHJ Bird set aside as against Outlook and Mr Butcher; retrial ordered; consequential costs and repayment orders made.

Orders

  • Outlook to return £31,000 paid for costs within 28 days
  • Mr Butcher to return £24,000 paid for costs within 28 days