QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL | ||
B e f o r e :
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CREDIT AGRICOLE INDOSUEZ | Claimants | |
- and - | ||
(1) UNICOF LIMITED (2) UNEXIMP LIMITED (3) UNEXIMP (T) LIMITED (4) JOSRA COFFEE COMPANY LIMITED (5) HANIF MOLEDINA (6) EBRAHIM MOLEDINA (7) KARIM MOLEDINA (8) UNEXIMP INTERNATIONAL LLC (9) SDV TRANSAMI (KENYA) LIMITED | Defendants |
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Mr M. Sullivan (instructed by Messrs Slaughter & May) for the 9th Defendants
Hearing date : 27th January 2003
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Crown Copyright ©
Mr Justice Langley :
i) It is entitled under CPR Part 13.2 to have the judgment set aside because the proceedings had not been served upon it; or
ii) Judgment should in any event be set aside under CPR part 13.3 as it has reasonable prospects of successfully defending the claim; or because
iii) There is good reason to set the judgment aside because the ground or at least the principal ground on which CAI obtained permission to serve SDV out of the jurisdiction was not justified and judgment was entered on the basis of untrue evidence.
The Service relied upon.
Other methods of service.
"The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because-
(a) in the case of a judgment in default of an acknowledgement of service any of the conditions in rule 12.3(1) … was not satisfied."
"(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if
(a) the defendant has a real prospect of defending the claim or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim."
"The claimant may obtain judgment in default of an acknowledgement of service only if-
(a) the defendant has not filed an acknowledgement of service or a defence to the claim …; and
(b) the relevant time for doing so has expired."