Tanir v Tanir

Tanir v Tanir

The default judgment was irregular because there was no evidence that the claim form was served on the defendant as required by the Civil Procedure Rules. In the absence of service, the court must set aside the judgment under CPR 13.2. The claimant's arguments for dispensing with service or summary judgment were not properly before the court, and the mandatory rule applies.

Parties
Claimant/respondent: Mr Osman Inan Tanir; Defendant/appellant: Mr Erol Tanir
Jurisdiction
England and Wales
Judgment Date
07 December 2015
Procedural Posture
Civil (enforcement of Foreign Judgment) / Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal allowed; default judgment set aside
Legal Topics
Enforcement of Foreign Judgments, Default Judgment, Service of Process, Setting Aside Judgment
Civil Procedure Private International Law Enforcement of Foreign Judgments Default Judgment Service of Process Setting Aside Judgment

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Parties

Mr Osman Inan Tanir

Claimant/respondent

Mr Erol Tanir

Defendant/appellant

Procedural Posture

Civil (enforcement of Foreign Judgment) / Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside for failure of service under CPR 13.2
  2. 2 Whether the defendant had real prospects of defending the claim under CPR 13.3
  3. 3 Whether the Turkish judgment was obtained by fraud

Ratio Decidendi

The default judgment was irregular because there was no evidence that the claim form was served on the defendant as required by the Civil Procedure Rules. In the absence of service, the court must set aside the judgment under CPR 13.2. The claimant's arguments for dispensing with service or summary judgment were not properly before the court, and the mandatory rule applies.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Permission to appeal granted on CPR 13.2 grounds
  • Default judgment set aside