Galliani & Anor v Sartori & Ors [2023] EWHC 3306 (Comm) (21 December 2023)

Galliani & Anor v Sartori & Ors [2023] EWHC 3306 (Comm) (21 December 2023)

Default judgment was irregularly entered as acknowledgment of service was filed before judgment was sealed; court must set aside default judgment under CPR 13.2.

Citation
[2023] EWHC 3306 (Comm)
Parties
First Claimant: Magdalena Galliani (Deceased); Second Claimant: Olivier Bouthillier de Beaumont; First Defendant: Juan Sartori; Second Defendant: Union Group International Holdings Limited; Third Defendant: Oscar Léon
Jurisdiction
England and Wales
Judgment Date
21 December 2023
Procedural Posture
Commercial Claim / Application to Set Aside Default Judgment and for Relief From Sanction
Outcome
Default judgment against Mr. Sartori set aside.
Legal Topics
Default Judgment, Relief From Sanction, Misrepresentation, Jurisdiction, Limitation, Fraud, Conspiracy
Commercial Law Civil Procedure Default Judgment Relief From Sanction Misrepresentation Jurisdiction Limitation Fraud +1 more

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Parties

Magdalena Galliani (Deceased)

First Claimant

Olivier Bouthillier de Beaumont

Second Claimant

Juan Sartori

First Defendant

Union Group International Holdings Limited

Second Defendant

Oscar Léon

Third Defendant

Procedural Posture

Commercial Claim / Application to Set Aside Default Judgment and for Relief From Sanction

Legal Issues

  1. 1 Whether default judgment was entered irregularly under CPR 12.3(1)(a)
  2. 2 Whether relief from sanction and extension of time for acknowledgment of service should be granted
  3. 3 Whether there is a real prospect of defending the claim

Ratio Decidendi

Default judgment was irregularly entered as acknowledgment of service was filed before judgment was sealed; court must set aside default judgment under CPR 13.2.

Court Disposition

Default judgment against Mr. Sartori set aside.

Orders

  • Default judgment set aside
  • No order on application to vary HH Judge Pelling KC's order of 23 October 2023