Maitham Shamma v Ameer Mohammed Jawad & Ors

Maitham Shamma v Ameer Mohammed Jawad & Ors

Relief from sanctions and setting aside of the default judgment is granted, but only on stringent conditions, including limitation of the defence to the natural justice point, provision of further evidence and information, and the granting of security by way of legal and equitable charges. The breaches by the defendants were serious and significant, without good reason, but the size of the judgment, the arguable natural justice defence, and the interests of justice justify relief, provided strict conditions are imposed.

Parties
Claimant: Maitham Shamma; First Defendant: Ameer Mohammed Jawad (also known as Amir Mohammed Jawad Mohammed Radha); Second Defendant: Zainab Mohammed Jawad (also known as Zaineb Ridha); Third Defendant: The Estate of Sabeiha Shakir Sadiq (also known as Sabiha Al-Babrani, deceased)
Jurisdiction
England and Wales
Judgment Date
14 October 2022
Procedural Posture
Civil (enforcement of Foreign Judgment) / Application for Relief From Sanctions and Extension of Time After Default Judgment and Conditional Set Aside Order
Outcome
Relief from sanctions and conditional setting aside of default judgment granted, subject to strict conditions.
Legal Topics
Enforcement of Foreign Judgments, Natural Justice, Relief From Sanctions, Default Judgment, Jurisdiction, Abuse of Process
Private International Law Civil Procedure Enforcement of Foreign Judgments Natural Justice Relief From Sanctions Default Judgment Jurisdiction Abuse of Process

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Parties

Maitham Shamma

Claimant

Ameer Mohammed Jawad (also known as Amir Mohammed Jawad Mohammed Radha)

First Defendant

Zainab Mohammed Jawad (also known as Zaineb Ridha)

Second Defendant

The Estate of Sabeiha Shakir Sadiq (also known as Sabiha Al-Babrani, deceased)

Third Defendant

Procedural Posture

Civil (enforcement of Foreign Judgment) / Application for Relief From Sanctions and Extension of Time After Default Judgment and Conditional Set Aside Order

Legal Issues

  1. 1 Whether the English court should grant relief from sanctions and set aside default judgment enforcing an Iraqi judgment, given alleged breaches of natural justice in the Iraqi proceedings and procedural non-compliance by the defendants.
  2. 2 Whether the defendants have a real prospect of defending the claim on the basis of lack of natural justice in the Iraqi proceedings.
  3. 3 Whether the defendants' breaches of court orders and delays should bar them from defending the claim.

Ratio Decidendi

Relief from sanctions and setting aside of the default judgment is granted, but only on stringent conditions, including limitation of the defence to the natural justice point, provision of further evidence and information, and the granting of security by way of legal and equitable charges. The breaches by the defendants were serious and significant, without good reason, but the size of the judgment, the arguable natural justice defence, and the interests of justice justify relief, provided strict conditions are imposed.

Court Disposition

Relief from sanctions and conditional setting aside of default judgment granted, subject to strict conditions.

Orders

  • Defence limited to natural justice point.
  • Defendants to provide further factual and Iraqi law evidence regarding service, knowledge of proceedings, timing of appeals, and why the appeal did not cure any natural justice defect.