Cyclone Promotions Ltd & Anor v Carl Frampton And Rip Rock Limited [2019] NIQB 42 (7 May 2019)

Cyclone Promotions Ltd & Anor v Carl Frampton And Rip Rock Limited [2019] NIQB 42 (7 May 2019)

The default judgment was irregularly obtained as the relief sought was not within the scope of Order 13 Rules 1-4, and no waiver to proceed for damages only was indicated. However, the action is not an abuse of process because the plaintiffs have undertaken not to pursue the English action except for costs, and all interrelated disputes can be determined in Northern Ireland.

Citation
[2019] NIQB 42
Parties
Plaintiff: Cyclone Promotions Limited; Plaintiff: Blain McGuigan; Defendant: Carl Frampton; Defendant: Rip Rock Limited
Jurisdiction
Northern Ireland
Judgment Date
07 May 2019
Procedural Posture
Commercial Dispute / Application to Set Aside Default Judgment and Strike Out/stay Action
Outcome
application to set aside default judgment granted; application to strike out or stay action dismissed
Legal Topics
Default Judgment, Abuse of Process, Forum Non Conveniens, Parallel Proceedings
Civil Procedure Commercial Law Default Judgment Abuse of Process Forum Non Conveniens Parallel Proceedings

Case Brief

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Parties

Cyclone Promotions Limited

Plaintiff

Blain McGuigan

Plaintiff

Carl Frampton

Defendant

Rip Rock Limited

Defendant

Procedural Posture

Commercial Dispute / Application to Set Aside Default Judgment and Strike Out/stay Action

Legal Issues

  1. 1 Whether the default judgment was irregularly obtained
  2. 2 Whether the defendants have an arguable defence
  3. 3 Whether the action should be struck out or stayed as an abuse of process due to parallel proceedings

Ratio Decidendi

The default judgment was irregularly obtained as the relief sought was not within the scope of Order 13 Rules 1-4, and no waiver to proceed for damages only was indicated. However, the action is not an abuse of process because the plaintiffs have undertaken not to pursue the English action except for costs, and all interrelated disputes can be determined in Northern Ireland.

Court Disposition

application to set aside default judgment granted; application to strike out or stay action dismissed

Orders

  • Default judgment set aside
  • Defendants to lodge and serve memorandum of appearance by 19 April 2019