Urania Shipping Company Ltd v Nordtrade SIA & Anor [2025] EWHC 1835 (Comm) (18 July 2025)

Urania Shipping Company Ltd v Nordtrade SIA & Anor [2025] EWHC 1835 (Comm) (18 July 2025)

D2 demonstrated a realistic prospect of successfully defending the claim on both the identity of the warranting party and the authority of BFT, and applied promptly to set aside the default judgment. The interests of justice require the judgment to be set aside.

Citation
[2025] EWHC 1835 (Comm)
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 Court Claim (voyage Charterparty Dispute) / Application to Set Aside Default Judgment Under CPR 13.3
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, Voyage Charterparty, Ostensible Authority
Commercial Law Shipping Law Civil Procedure Default Judgment Relief From Sanctions Warranty of Authority Service of Process Voyage Charterparty +1 more

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Parties

Urania Shipping Company Ltd

Claimant

Nordtrade SIA

First Defendant

Nordtrade Tasimacilik Tic. AS

Second Defendant

Procedural Posture

Commercial Court Claim (voyage Charterparty Dispute) / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the Second Defendant has a real prospect of successfully defending the claim for breach of warranty of authority
  2. 2 Whether the default judgment should be set aside under CPR 13.3
  3. 3 Whether the application to set aside was made promptly

Ratio Decidendi

D2 demonstrated a realistic prospect of successfully defending the claim on both the identity of the warranting party and the authority of BFT, and applied promptly to set aside the default judgment. The interests of justice require the judgment to be set aside.

Court Disposition

Default judgment set aside, Second Defendant permitted to defend the claim

Orders

  • Default judgment dated 24 January 2025 set aside as against the Second Defendant
  • Second Defendant permitted to file Defence