High Court ruling clarifies repayment issues

In the recent case of J D Wetherspoon Plc v Stephenus Bernadus Burger & Anor, the High Court's judgment delivered by The Honourable Mr Justice Sweeting on 23rd May 2025, provided significant clarity regarding consequential matters stemming from a prior ruling. Originally, on 20th September 2023, Mr Burger, the First Respondent, had secured a judgment against J D Wetherspoon PLC (JDW) for damages and costs. However, following JDW's appeal, the earlier order was set aside, necessitating the determination of key issues, chiefly concerning the repayment of amounts paid under the now-vacated order.

The appeal was a direct consequence of a previous court ruling where JDW was found liable for substantial damages amounting to £69,775.50, along with interest and costs that escalated the total liability to £188,698.24. Notably, JDW paid this sum on 10th October 2023, with prompt requests for its return following the stay granted during the appeal process in February 2024. However, despite multiple requests for repayment, no funds had been returned by Mr Burger or his solicitors, creating a pressing need for the court to provide a definitive ruling on the matter.

The judgment encapsulated the pivotal factual background, tracing the payment timeline and detailing the procedural history leading to the appeal. Mr Justice Sweeting underscored the established principle that the court possesses the authority to award interest on sums ordered to be repaid when an initial judgment is overturned. This forms a critical aspect of the rationale behind the financial resolutions mandated in the ruling.

One of the major points of contention between JDW and Mr Burger was the interest rate applicable to the sums owed. JDW argued for an interest rate of 6%-8% per annum based on established legal precedents and commercial realities. This request was grounded in the principles derived from the Judgments Act 1838, asserting that such repayment should reflect fair commercial interests. Conversely, Mr Burger contended for a significantly lower rate of 1% per annum, arguing that the case's nature—being a personal injury claim—did not warrant the higher judgment rate traditionally applied in commercial contexts.

Through a thorough examination of applicable precedents, including Multiplex Construction Ltd v Cleveland Bridge Ltd, Mr Justice Sweeting ruled that a balanced approach favoured a 6% annual interest rate. This, he argued, aligns with a fair reflection of commercial return. Considering the time elapsed since the original payment by JDW in October, the court determined that Mr Burger had benefitted unduly from holding these funds without incurring the legitimate obligation to repay them.

The ruling also addressed the appropriate timeline for repayment. JDW sought the return of all sums within 28 days from the order’s issuance, arguing that delays would disadvantage them further. In contrast, Mr Burger proposed a staggered repayment plan, which the court found unjustifiable, citing the absence of compelling evidence to suggest that immediate repayment would cause irreparable harm.

Moreover, Mr Justice Sweeting concluded that the repayment order should specifically name Mr Burger, not his solicitors, as the party responsible for the repayment. This reaffirmed the principle that financial liabilities under vacated orders must return to the benefitting party.

In summary, the judgment clarified the responsibilities that arise following an appeal, elucidating the reasoning behind the interest rate determination and the repayment timeline. This case importantly addresses both the procedural standards involved in such consequential judgments while reaffirming the principles of equitable financial practice within the judicial system

Copyright & permissions