Urania Shipping Company Ltd v Nordtrade Sia & Anor
The Second Defendant demonstrated a realistic prospect of successfully defending the claim, particularly as to whether it gave any warranty of authority and whether BFT authorised the charterparty. The application to set aside the default judgment was made promptly after actual notice. The interests of justice favour setting aside the default judgment to allow a full defence.
- Parties
- Claimant: Urania Shipping Company Ltd; First Defendant: Nordtrade SIA; Second Defendant: Nordtrade Tasimacilik Tic. AS
- Jurisdiction
- England and Wales
- Judgment Date
- 18 July 2025
- Procedural Posture
- Commercial Claim / Application to Set Aside Default Judgment
- Outcome
- Default judgment set aside, Second Defendant permitted to defend the claim.
- Legal Topics
- Default Judgment, Relief From Sanctions, Warranty of Authority, Service of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Urania Shipping Company Ltd
Claimant
Nordtrade SIA
First Defendant
Nordtrade Tasimacilik Tic. AS
Second Defendant
Procedural Posture
Commercial Claim / Application to Set Aside Default Judgment
Legal Issues
- 1 Whether the Second Defendant has a real prospect of successfully defending the claim
- 2 Whether the default judgment should be set aside under CPR 13.3
- 3 Whether the Second Defendant breached warranty of authority
Ratio Decidendi
The Second Defendant demonstrated a realistic prospect of successfully defending the claim, particularly as to whether it gave any warranty of authority and whether BFT authorised the charterparty. The application to set aside the default judgment was made promptly after actual notice. The interests of justice favour setting aside the default judgment to allow a full defence.
Court Disposition
Default judgment set aside, Second Defendant permitted to defend the claim.
Orders
- Default judgment against Second Defendant set aside.
- Second Defendant to file Defence, potentially jointly with First Defendant.
Full Case Text
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