England and Wales High Court (Commercial Court) Decisions

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Cite as: [2015] EWHC 3150 (Comm)

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		Neutral Citation Number: [2015] EWHC 3150 (Comm)
		Case No: 2015 FOLIO 495

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
COMMERCIAL COURT

Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL

30/10/2015

B e f o r e :

THE HON. MR JUSTICE POPPLEWELL
____________________

Between:

	Gunvor Belgium NV	Claimant
	- and -
	KAAI 12 N.V. (formerly called Wiljo N.V.)	Defendant

____________________

Oliver Caplin (instructed by Hill Dickinson LLP) for the Claimant
The Defendant did not attend and was not represented
Hearing dates: 30 October 2015
____________________

HTML VERSION OF JUDGMENT
____________________

Mr Justice Popplewell:

The Claimant served its Particulars of claim on 16 July 2015. The time under the CPR for the service of the Defendant's Defence expired on 13 August 2015, but no defence had been served.

Accordingly, there is power under CPR 12.3(2) and 12.4(2)(a) for judgment to be entered in default of a defence because the relevant time to file a defence has expired.

In such cases a claimant is entitled to such judgment as it appears to be entitled to on its statement of case pursuant to CPR 12.11(1).

In this case the matters set out in the statement of case, as supported by a statement of truth, support an entitlement to the declarations sought by the Claimant.

However, this Court still has a discretion as to whether to grant relief by way of declarations, because there must be a good purpose to be served by granting such relief. In this case I am satisfied that there is a good purpose, and that the declarations sought will assist the Claimant in the Belgian Proceedings. I will therefore make the Order.

I will award the Claimant its costs to be paid by the Defendant, summarily assessed in the amount of £25,496.50.

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