Majid Saadati v Seyed Ehsan Dastghaib & Anor

Majid Saadati v Seyed Ehsan Dastghaib & Anor

The Deputy Master was correct to set aside the default judgment under CPR 13.2 because there was no valid service of the claim form or particulars of claim, and the mandatory conditions for default judgment were not met. CPR 13.2 is a mandatory provision and cannot be displaced by delay, abuse of process, or estoppel on the facts of this case. The Deputy Master was also correct to order payment on account of costs, as there was no good reason not to do so.

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
Civil Appeal / Application for Permission to Appeal and Appeal Against Order Setting Aside Default Judgment
Outcome
Permission to appeal refused on all grounds.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Jurisdiction, Estoppel, Abuse of Process, Costs
Civil Procedure Default Judgment Service of Process Setting Aside Judgment Jurisdiction Estoppel Abuse of Process Costs

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Parties

Majid Saadati

Claimant/appellant

Seyed Ehsan Dastghaib

First Defendant/respondent

Andreas Rudolf Bihrer

Second Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and 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
  2. 2 Whether CPR 13.2 is mandatory and can be displaced by conduct, estoppel, or abuse of process
  3. 3 Whether there was valid service of the claim form and particulars of claim

Ratio Decidendi

The Deputy Master was correct to set aside the default judgment under CPR 13.2 because there was no valid service of the claim form or particulars of claim, and the mandatory conditions for default judgment were not met. CPR 13.2 is a mandatory provision and cannot be displaced by delay, abuse of process, or estoppel on the facts of this case. The Deputy Master was also correct to order payment on account of costs, as there was no good reason not to do so.

Court Disposition

Permission to appeal refused on all grounds.

Orders

  • Default judgment set aside under CPR 13.2.
  • Order for payment on account of costs to Defendants upheld.