Saadati v Dastghaib & Anor [2024] EWHC 3336 (KB) (20 December 2024)

Saadati v Dastghaib & Anor [2024] EWHC 3336 (KB) (20 December 2024)

The default judgment was irregular because there was no valid service of the claim form or particulars of claim on either defendant, and the conditions for default judgment under CPR 12.3 were not met. CPR 13.2 imposes a mandatory duty on the court to set aside such a judgment, regardless of the defendants' conduct. The Deputy Master was correct in law and procedure to set aside the judgment and to refuse permission to appeal.

Citation
[2024] EWHC 3336 (KB)
Parties
Claimant/appellant: Majid Saadati; First Defendant/respondent: Seyed Ehsan Dastghaib; Second Defendant/respondent: Andreas Rudolf Bihrer
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Appeal / Permission to Appeal and Substantive Appeal Against Order Setting Aside Default Judgment
Outcome
Permission to appeal refused; appeal dismissed.
Legal Topics
Default Judgment, Service of Process, Jurisdiction, Case Management, Setting Aside Judgment
Civil Procedure Default Judgment Service of Process Jurisdiction Case Management Setting Aside Judgment

Case Brief

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Parties

Majid Saadati

Claimant/appellant

Seyed Ehsan Dastghaib

First Defendant/respondent

Andreas Rudolf Bihrer

Second Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal and Substantive Appeal Against Order Setting Aside Default Judgment

Legal Issues

  1. 1 Whether the Deputy Master erred in setting aside default judgment under CPR 13.2 on grounds of defective service and procedural non-compliance
  2. 2 Whether conduct of the defendants could displace the mandatory duty to set aside under CPR 13.2
  3. 3 Whether the Deputy Master erred in case management by not hearing other applications first

Ratio Decidendi

The default judgment was irregular because there was no valid service of the claim form or particulars of claim on either defendant, and the conditions for default judgment under CPR 12.3 were not met. CPR 13.2 imposes a mandatory duty on the court to set aside such a judgment, regardless of the defendants' conduct. The Deputy Master was correct in law and procedure to set aside the judgment and to refuse permission to appeal.

Court Disposition

Permission to appeal refused; appeal dismissed.

Orders

  • Default judgment and costs order set aside.
  • Claimant to pay Defendants' costs of the applications and hearing, to be assessed if not agreed.