Regera SARL v Cohen & Ors [2025] EWHC 2107 (Comm) (08 August 2025)

Regera SARL v Cohen & Ors [2025] EWHC 2107 (Comm) (08 August 2025)

The default judgments against the First and Second Defendants must be set aside under CPR 13.2 because service of proceedings on Law Debenture was not validly effected in accordance with the Facility Agreement and CPR 6.11, as the Defendants were not properly notified of the appointment of Law Debenture as agent for service. Consequently, the time for acknowledgment of service had not expired when default judgment was entered. The court also found that the Defendants have a real prospect of defending the claim on multiple grounds, including conditional release of signatures, alleged unenforceability of the guarantees, and potential unfairness under consumer credit legislation.

Citation
[2025] EWHC 2107 (Comm)
Parties
Claimant: REGERA S.À R. L; First Defendant: PHILLIP EAN COHEN; Second Defendant: MARIA THERESE VALMORBIDA; Third Defendant: ZARA SIMON
Jurisdiction
England and Wales
Judgment Date
08 August 2025
Procedural Posture
Commercial Claim (guarantee Enforcement) / Application to Set Aside Default Judgments (cpr 13.2 and 13.3)
Outcome
Application granted; default judgments set aside as against the First and Second Defendants.
Legal Topics
Guarantees and Indemnities, Default Judgment, Service of Process, Consumer Credit, Unfair Terms, Jurisdiction, Independent Legal Advice
Contract Law Civil Procedure Banking and Finance Guarantees and Indemnities Default Judgment Service of Process Consumer Credit Unfair Terms +2 more

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Parties

REGERA S.À R. L

Claimant

PHILLIP EAN COHEN

First Defendant

MARIA THERESE VALMORBIDA

Second Defendant

ZARA SIMON

Third Defendant

Procedural Posture

Commercial Claim (guarantee Enforcement) / Application to Set Aside Default Judgments (cpr 13.2 and 13.3)

Legal Issues

  1. 1 Whether service of proceedings on Law Debenture was valid under the Facility Agreement and CPR 6.11
  2. 2 Whether the First and Second Defendants were parties to the Facility Agreement and bound by the guarantees
  3. 3 Whether clause 40.2.2 of the Facility Agreement is an unfair term under the Consumer Rights Act 2015

Ratio Decidendi

The default judgments against the First and Second Defendants must be set aside under CPR 13.2 because service of proceedings on Law Debenture was not validly effected in accordance with the Facility Agreement and CPR 6.11, as the Defendants were not properly notified of the appointment of Law Debenture as agent for service. Consequently, the time for acknowledgment of service had not expired when default judgment was entered. The court also found that the Defendants have a real prospect of defending the claim on multiple grounds, including conditional release of signatures, alleged unenforceability of the guarantees, and potential unfairness under consumer credit legislation.

Court Disposition

Application granted; default judgments set aside as against the First and Second Defendants.

Orders

  • Default judgments dated 2 September 2024 against the First and Second Defendants are set aside.
  • The Claimant's application for a conditional order is refused.