TSN Kunststoffrecycling GmbH v Jurgens [2002] EWCA Civ 11 (25th January, 2002)

TSN Kunststoffrecycling GmbH v Jurgens [2002] EWCA Civ 11 (25th January, 2002)

The relevant period for assessing whether the defendant was served in sufficient time to arrange for his defence under Article 27(2) of the Brussels Convention is the period from service until the issue of default judgment, not merely the period allowed for entering an appearance. Since under German law a notice of appearance could be entered at any time before default judgment was issued, the five-week period is relevant, and the defendant had sufficient time.

Citation
[2002] EWCA Civ 11
Parties
Claimant/respondent: TSN Kunststoffrecycling GmbH; Defendant/appellant: Harry Maria Jurgens
Jurisdiction
England and Wales
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Queen’s Bench Division
Outcome
Appeal dismissed
Legal Topics
Enforcement of Foreign Judgments, Brussels Convention, Default Judgment, Service of Process, Jurisdiction, Right to Fair Hearing
Civil Procedure Private International Law Enforcement of Foreign Judgments Brussels Convention Default Judgment Service of Process Jurisdiction Right to Fair Hearing

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Parties

TSN Kunststoffrecycling GmbH

Claimant/respondent

Harry Maria Jurgens

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Queen’s Bench Division

Legal Issues

  1. 1 What is the relevant period for assessing 'sufficient time to arrange for defence' under Article 27(2) of the Brussels Convention: the period allowed for entering an appearance or the period up to the issue of default judgment?
  2. 2 Whether the defendant was served in sufficient time to enable him to arrange for his defence under Article 27(2) of the Brussels Convention

Ratio Decidendi

The relevant period for assessing whether the defendant was served in sufficient time to arrange for his defence under Article 27(2) of the Brussels Convention is the period from service until the issue of default judgment, not merely the period allowed for entering an appearance. Since under German law a notice of appearance could be entered at any time before default judgment was issued, the five-week period is relevant, and the defendant had sufficient time.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs here and below
  • No order for costs on cross-appeal