Free Zone Utilities LFTZ Enterprise v Bancore Global Services Ltd & Ors [2025] EWHC 1530 (KB) (10 July 2025)

Free Zone Utilities LFTZ Enterprise v Bancore Global Services Ltd & Ors [2025] EWHC 1530 (KB) (10 July 2025)

The Second Defendant, by signing the Terms of Settlement expressly providing for personal liability and for the terms to be entered as a judgment of the Nigerian court, voluntarily submitted to the jurisdiction of that court. There was no procedural unfairness or breach of natural justice, and the Claimant had capacity to sue. The grounds for refusing registration under Section 9(2) of the Administration of Justice Act 1920 were not made out. The application to set aside the registration order was dismissed.

Citation
[2025] EWHC 1530 (KB)
Parties
Claimant/respondent: Free Zone Utilities LFTZ Enterprise; First Defendant: Bancore Global Services Limited; Second Defendant/applicant: Mr Jorgen Larsen; Third Defendant: Mr Brian Larsen
Jurisdiction
England and Wales
Judgment Date
10 July 2025
Procedural Posture
Application to Set Aside Registration of Foreign Judgment / Post Registration, Application to Set Aside Order
Outcome
Application dismissed
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Personal Liability Under Settlement Agreements, Capacity to Sue, Natural Justice
Private International Law Civil Procedure Contract Law Enforcement of Foreign Judgments Jurisdiction Personal Liability Under Settlement Agreements Capacity to Sue Natural Justice

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Parties

Free Zone Utilities LFTZ Enterprise

Claimant/respondent

Bancore Global Services Limited

First Defendant

Mr Jorgen Larsen

Second Defendant/applicant

Mr Brian Larsen

Third Defendant

Procedural Posture

Application to Set Aside Registration of Foreign Judgment / Post Registration, Application to Set Aside Order

Legal Issues

  1. 1 Whether the Nigerian court had jurisdiction over the Second Defendant for the purposes of registering its judgment in England under the Administration of Justice Act 1920
  2. 2 Whether the Second Defendant voluntarily submitted to the jurisdiction of the Nigerian court
  3. 3 Whether there was procedural unfairness or breach of natural justice in the Nigerian proceedings

Ratio Decidendi

The Second Defendant, by signing the Terms of Settlement expressly providing for personal liability and for the terms to be entered as a judgment of the Nigerian court, voluntarily submitted to the jurisdiction of that court. There was no procedural unfairness or breach of natural justice, and the Claimant had capacity to sue. The grounds for refusing registration under Section 9(2) of the Administration of Justice Act 1920 were not made out. The application to set aside the registration order was dismissed.

Court Disposition

Application dismissed

Orders

  • Second Defendant's application to set aside the registration order is dismissed.
  • Permission to rely on the DCS report is refused.