Plekhanov v Yanchenko

Plekhanov v Yanchenko

The defendant failed to file a jurisdiction challenge and defence within the prescribed time limits, provided no good reason for the breaches, and is deemed to have accepted the court's jurisdiction; the claimant is entitled to judgment in default for the sum claimed.

Parties
Claimant: Victor Victorovich Plekhanov; Defendant: Alexey Andreyevich Yanchenko
Jurisdiction
England and Wales
Judgment Date
13 May 2020
Procedural Posture
Commercial Claim / Judgment After Hearing of Jurisdiction and Default Judgment Applications
Outcome
judgment for claimant
Legal Topics
Jurisdiction Challenge, Default Judgment, Relief From Sanctions, Exclusive Jurisdiction Clause, Pre Action Protocol
Contract Law Civil Procedure Jurisdiction Challenge Default Judgment Relief From Sanctions Exclusive Jurisdiction Clause Pre Action Protocol

Case Brief

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Parties

Victor Victorovich Plekhanov

Claimant

Alexey Andreyevich Yanchenko

Defendant

Procedural Posture

Commercial Claim / Judgment After Hearing of Jurisdiction and Default Judgment Applications

Legal Issues

  1. 1 Whether the defendant's jurisdiction challenge was made in time and valid
  2. 2 Whether the claimant is entitled to default judgment for failure to file a defence

Ratio Decidendi

The defendant failed to file a jurisdiction challenge and defence within the prescribed time limits, provided no good reason for the breaches, and is deemed to have accepted the court's jurisdiction; the claimant is entitled to judgment in default for the sum claimed.

Court Disposition

judgment for claimant

Orders

  • Jurisdiction application dismissed
  • Default judgment entered for US$786,530 plus statutory interest