Key Facts
- •Default judgment dated 10 August 2022 for £363,120 against Royal Forex Ltd.
- •Application to set aside default judgment and subsequent damages order.
- •Claimant, Geoffrey Galley, appeared in person; Defendant represented by counsel.
- •Dispute over service of the claim form and particulars of claim outside the jurisdiction (Cyprus).
- •Defendant argued invalid service and some other good reason to set aside the judgment.
- •Defendant disputed the court's jurisdiction and claimed concurrent proceedings in Cyprus.
- •Significant delay by the Defendant in applying to set aside the judgment (June 2023, over 8 months after default judgment).
Legal Principles
Setting aside default judgments under CPR 13.3(1)
CPR 13.3(1)
Promptness of application to set aside judgment
CPR 13.3(2)
Three-stage test for relief from sanctions (Denton)
Denton v TH White [2014] EWCA Civ 906
Mandatory setting aside of judgment under CPR 13.2 if wrongly entered
CPR 13.2(a)
Service out of the jurisdiction under CPR 6.40
CPR 6.40
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents
Hague Service Convention 1965
Rectification of errors of procedure under CPR 3.10
CPR 3.10
Outcomes
Application under CPR 13.3 dismissed.
Defendant's delay in applying to set aside the judgment was not prompt; the failure to file an acknowledgment of service was a serious breach with no satisfactory explanation; the overall circumstances favoured dismissing the application due to the significant delay and the need for efficient litigation.
Application under CPR 13.2 dismissed.
Defendant was properly served with the claim; the alleged procedural defects (lack of translation, response pack, etc.) did not render the default judgment irregular; the court exercised its power under CPR 3.10 to deem service effective despite the procedural errors.