Shamma v Jawad & Ors [2022] EWHC 2987 (KB) (14 October 2022)

Shamma v Jawad & Ors [2022] EWHC 2987 (KB) (14 October 2022)

The defendants failed to comply properly and in time with the conditions for setting aside the default judgment, their defences are inadequately pleaded or abusive, and there is no operative or binding settlement agreement. Relief from sanctions and extension of time are refused. The default judgment stands, and enforcement measures, including the charging order, are maintained.

Citation
[2022] EWHC 2987 (KB)
Parties
Claimant: Maitham Shamma; First Defendant/respondent: Ameer Mohammed Jawad (aka Amir Mohammed Jawad Mohammed Radha); Second Defendant/respondent: Zainab Mohammed Jawad (aka Zaineb Ridha); Third Defendant/respondent: The Estate of Sabeiha Shakir Sadiq (aka Sabiha Al-Babrani, deceased)
Jurisdiction
England and Wales
Judgment Date
14 October 2022
Procedural Posture
High Court Civil Claim (enforcement of Foreign Judgment) / Post Judgment Applications: Relief From Sanctions, Extension of Time, and Set Aside of Default Judgment
Outcome
Applications for relief from sanctions and extension of time refused; default judgment stands.
Legal Topics
Enforcement of Foreign Judgments, Relief From Sanctions, Default Judgment, Natural Justice, Jurisdiction, Settlement Agreements, Probate and Letters of Administration
Private International Law Civil Procedure Probate Enforcement of Foreign Judgments Relief From Sanctions Default Judgment Natural Justice Jurisdiction +2 more

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Parties

Maitham Shamma

Claimant

Ameer Mohammed Jawad (aka Amir Mohammed Jawad Mohammed Radha)

First Defendant/respondent

Zainab Mohammed Jawad (aka Zaineb Ridha)

Second Defendant/respondent

The Estate of Sabeiha Shakir Sadiq (aka Sabiha Al-Babrani, deceased)

Third Defendant/respondent

Procedural Posture

High Court Civil Claim (enforcement of Foreign Judgment) / Post Judgment Applications: Relief From Sanctions, Extension of Time, and Set Aside of Default Judgment

Legal Issues

  1. 1 Whether the defendants complied with conditions for setting aside default judgment
  2. 2 Whether relief from sanctions and extension of time should be granted
  3. 3 Whether the Iraqi judgment is enforceable at common law

Ratio Decidendi

The defendants failed to comply properly and in time with the conditions for setting aside the default judgment, their defences are inadequately pleaded or abusive, and there is no operative or binding settlement agreement. Relief from sanctions and extension of time are refused. The default judgment stands, and enforcement measures, including the charging order, are maintained.

Court Disposition

Applications for relief from sanctions and extension of time refused; default judgment stands.

Orders

  • Default judgment against first and second defendants remains in force.
  • Interim charging order against second defendant's property made final.