Park (claimant/ appellant) –v- CNH Industrial Capital Europe Ltd (respondent)
Thursday 4th November 2021
The Claimant (C) appeals the order of HHJ Khan dated 23 February 2021 sitting in Blackpool County Court (1) allowing the Defendant’s (D) appeal against the order of DJ Woosnam dated 20 April 2020 (2) setting aside paragraphs 1 and 2 of the DJ’s order (3) striking out the claim as an abuse of process (4) making a summarily assessed costs order against C
The underlying dispute relates to a series of hire purchase agreements on the face of it entered into by D and a limited company, Park Hall Farms Ltd. D suggested it was the intention that the agreements be concluded between D and Mr Park personally and secured C’s signature on a purported deed of rectification to make C personally liable under the agreements. D brought proceedings against C for debt or damages said to be owed pursuant to the agreements and obtained a default judgment in the sum of £138,483.48 against C dated 21 July 2017 (the default judgment).
C issued a claim seeking to set aside the default judgment on the grounds it was obtained by fraud; leading to the orders made by DJ Woosnam and HHJ Khan.