Tanir v Tanir [2015] EWHC 3363 (QB) (07 December 2015)

Tanir v Tanir [2015] EWHC 3363 (QB) (07 December 2015)

The default judgment was irregular because there was no sufficient evidence that the claim form was served on the defendant. Under CPR 13.2, the court must set aside a judgment wrongly entered for lack of service. The appeal was allowed on this ground.

Citation
[2015] EWHC 3363 (QB)
Parties
Claimant/respondent: Mr Osman Inan Tanir; Defendant/appellant: Mr Erol Tanir
Jurisdiction
England and Wales
Judgment Date
07 December 2015
Procedural Posture
Appeal Against Refusal to Set Aside Default Judgment (enforcement of Foreign Judgment) / High Court (queen's Bench Division) Appeal From Master
Outcome
Appeal allowed; default judgment set aside.
Legal Topics
Enforcement of Foreign Judgments, Default Judgment, Service of Process, Setting Aside Judgment, Civil Procedure Rules
Civil Procedure Private International Law Enforcement of Foreign Judgments Default Judgment Service of Process Setting Aside Judgment Civil Procedure Rules

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Parties

Mr Osman Inan Tanir

Claimant/respondent

Mr Erol Tanir

Defendant/appellant

Procedural Posture

Appeal Against Refusal to Set Aside Default Judgment (enforcement of Foreign Judgment) / High Court (queen's Bench Division) Appeal From Master

Legal Issues

  1. 1 Whether the default judgment should be set aside under CPR 13.2 due to lack of service
  2. 2 Whether the defendant has a real prospect 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 sufficient evidence that the claim form was served on the defendant. Under CPR 13.2, the court must set aside a judgment wrongly entered for lack of service. The appeal was allowed on this ground.

Court Disposition

Appeal allowed; default judgment set aside.

Orders

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