Chachani Misti y Pichu Pichu SRL v Hostplanet Ltd & Anor [2016] EWHC 983 (Ch) (29 April 2016)

Chachani Misti y Pichu Pichu SRL v Hostplanet Ltd & Anor [2016] EWHC 983 (Ch) (29 April 2016)

The Second Defendant's email response acknowledging receipt of the claim form and requesting further documents by email constitutes conduct in the court proceedings sufficient to prove personal receipt of the documents in time to arrange a defence under Article 18(2), curing the procedural defect of unknown physical address. Therefore, the requirements for issuing a European Enforcement Order are satisfied.

Citation
[2016] EWHC 983 (Ch)
Parties
Claimant/judgment Creditor: Chachani Misti y Pichu Pichu SRL; Defendant/judgment Debtor: Hostplanet Limited; Defendant/judgment Debtor: Finn Grimpe
Jurisdiction
England and Wales
Judgment Date
29 April 2016
Procedural Posture
Application for European Enforcement Order (eeo) / Post Judgment, Application for EEO Following Default Judgment
Outcome
Application granted
Legal Topics
European Enforcement Order, Default Judgment, Service of Process, Copyright Infringement
Civil Procedure Intellectual Property European Union Law European Enforcement Order Default Judgment Service of Process Copyright Infringement

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Parties

Chachani Misti y Pichu Pichu SRL

Claimant/judgment Creditor

Hostplanet Limited

Defendant/judgment Debtor

Finn Grimpe

Defendant/judgment Debtor

Procedural Posture

Application for European Enforcement Order (eeo) / Post Judgment, Application for EEO Following Default Judgment

Legal Issues

  1. 1 Whether an EEO can be granted where the debtor's physical address is unknown but email service was effected and acknowledged
  2. 2 Whether the conduct of the debtor in email correspondence satisfies Article 18(2) of Regulation (EC) No 805/2004

Ratio Decidendi

The Second Defendant's email response acknowledging receipt of the claim form and requesting further documents by email constitutes conduct in the court proceedings sufficient to prove personal receipt of the documents in time to arrange a defence under Article 18(2), curing the procedural defect of unknown physical address. Therefore, the requirements for issuing a European Enforcement Order are satisfied.

Court Disposition

Application granted

Orders

  • European Enforcement Order to be issued in respect of the judgment of 8 March 2016 against the Second Defendant