Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) (01 November 2021)

Mann v Towarzystwo Ubezpieczen Inter Polska SA & Ors [2021] EWHC 2913 (QB) (01 November 2021)

The First Defendant's application to set aside default judgment fails due to significant and inexcusable delay, valid service of proceedings in Poland with full translations, and absence of any material procedural defect. The absence of Annex II did not invalidate service as translations were provided. Alleged translation errors were immaterial. The First Defendant did not act promptly and failed to establish a real prospect of a defence.

Citation
[2021] EWHC 2913
Parties
Claimant: Roger Mann (in his own right and as executor of the estate of Mrs Denise Mann); Claimant: Jake Ronald James Mann; Claimant: Jamie Roger Mann; First Defendant: Towarzystwo Ubezpieczen Inter Polska SA; Second Defendant: NOA Clinic - Usługi Medyczne Sp z. o. o.; Third Defendant: Adam Kalecinski
Jurisdiction
England and Wales
Judgment Date
01 November 2021
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Service of Process, Default Judgment, Jurisdiction, Translation of Legal Documents, EU Service Regulation
Civil Procedure Clinical Negligence Private International Law Service of Process Default Judgment Jurisdiction Translation of Legal Documents EU Service Regulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Roger Mann (in his own right and as executor of the estate of Mrs Denise Mann)

Claimant

Jake Ronald James Mann

Claimant

Jamie Roger Mann

Claimant

Towarzystwo Ubezpieczen Inter Polska SA

First Defendant

NOA Clinic - Usługi Medyczne Sp z. o. o.

Second Defendant

Adam Kalecinski

Third Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment against the First Defendant should be set aside
  2. 2 Whether service of proceedings in Poland was valid under EU Regulation 1393/2007
  3. 3 Whether the absence of Annex II invalidated service

Ratio Decidendi

The First Defendant's application to set aside default judgment fails due to significant and inexcusable delay, valid service of proceedings in Poland with full translations, and absence of any material procedural defect. The absence of Annex II did not invalidate service as translations were provided. Alleged translation errors were immaterial. The First Defendant did not act promptly and failed to establish a real prospect of a defence.

Court Disposition

Application dismissed

Orders

  • Default judgment against the First Defendant stands
  • Permission to amend the application to raise jurisdiction challenge under CPR 11 refused