ESR Insurance Services Ltd. v Clemons & Ors

ESR Insurance Services Ltd. v Clemons & Ors

Default judgment is granted against the first and third to seventh defendants for failure to acknowledge service. The second defendant is granted an extension of time to file acknowledgment of service, and the claimant is permitted to proceed to summary judgment application against him.

Parties
Claimant: ESR Insurance Services Limited (In Administration); Defendant: Wendell Clemons; Defendant: David Bedford; Defendant: Plex Partners One LLC; Defendant: Anjen International Holdings Limited; Defendant: Bermier Platinum Entertainment Inc; Defendant: Black Pearl Entertainment; Defendant: Manchester Holdings Inc
Jurisdiction
England and Wales
Judgment Date
11 August 2008
Procedural Posture
Commercial Claim (part 7) / Application for Default Judgment and Extension of Time for Acknowledgment of Service
Outcome
Default judgment granted against first and third to seventh defendants; extension of time granted to second defendant; permission to proceed to summary judgment application against second defendant.
Legal Topics
Default Judgment, Service Out of Jurisdiction, Breach of Fiduciary Duty, Fraud, Summary Judgment
Commercial Law Civil Procedure Default Judgment Service Out of Jurisdiction Breach of Fiduciary Duty Fraud Summary Judgment

Case Brief

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Parties

ESR Insurance Services Limited (In Administration)

Claimant

Wendell Clemons

Defendant

David Bedford

Defendant

Plex Partners One LLC

Defendant

Anjen International Holdings Limited

Defendant

Bermier Platinum Entertainment Inc

Defendant

Black Pearl Entertainment

Defendant

Manchester Holdings Inc

Defendant

Procedural Posture

Commercial Claim (part 7) / Application for Default Judgment and Extension of Time for Acknowledgment of Service

Legal Issues

  1. 1 Whether the claimant is entitled to default judgment against defendants for failure to acknowledge service
  2. 2 Whether the second defendant should be granted an extension of time to file acknowledgment of service
  3. 3 Whether summary judgment proceedings should be permitted

Ratio Decidendi

Default judgment is granted against the first and third to seventh defendants for failure to acknowledge service. The second defendant is granted an extension of time to file acknowledgment of service, and the claimant is permitted to proceed to summary judgment application against him.

Court Disposition

Default judgment granted against first and third to seventh defendants; extension of time granted to second defendant; permission to proceed to summary judgment application against second defendant.

Orders

  • Judgment in the principal sum of £2,661,892.24 plus interest (£595,060.93 as of 11 August 2008) against first and third to seventh defendants.
  • Extension of time to 31 July 2008 for second defendant to file acknowledgment of service.