Markethill Livestock & Farm Sales Ltd (Respondent) v Patterson and another (Appellants)

Case summary

Case ID

UKSC/2025/0124

Parties

Appellant(s)

John Patterson

James Barclay Patterson

Respondent(s)

MARKETHILL LIVESTOCK AND FARM SALES LIMITED

MARK KINKAID

THE INSOLVENCY SERVICE OF NORTHERN IRELAND [THE OFFICIAL RECEIVER OF NORTHERN IRELAND]

Issue

(1) Do the appellants require leave to appeal to the Court of Appeal? (2) Was the appellants’ appeal to the Court of Appeal made within the applicable time limit?

Facts

On 30 July 2012, Markethill Livestock & Farm Sales Ltd (“Markethill”) issued a claim alleging that the appellants had failed to pay sums due under a contract for the sale of sheep. Following the appellants’ failure to enter an appearance, Markethill obtained judgment in default (“the default judgment”). The appellants later sought to set aside the default judgment in a number of applications, primarily on the ground that they were not parties to the contract with Markethill. On 8 March 2024, Master Bell dismissed the appellants’ applications to set aside the default judgment. The appellants appealed the decision. The High Court dismissed the appellants’ appeal on 7 October 2024. The appellants then sought to appeal the decision of High Court to the Court of Appeal. By judgment dated 4 April 2025, the Court of Appeal dismissed the appeal, concluding that the appeals were invalid on the grounds that (i) leave to appeal had not been obtained and (ii) the appeals were out of time. The appellants now seek to appeal to the Supreme Court.

Date of issue

22 July 2025

Case origin

PTA

Linked cases

Back to top