Mountain Ash Portfolio Ltd v Vasilyev [2021] EWHC 1853 (Comm) (07 July 2021)

Mountain Ash Portfolio Ltd v Vasilyev [2021] EWHC 1853 (Comm) (07 July 2021)

The defendant has shown a real prospect of successfully defending the claim on the basis that the guarantee was not executed as a deed in accordance with English law, as the witness evidence casts genuine doubt on whether the signatures were properly attested. This satisfies the threshold merits gateway under CPR 13.3(1)(a), warranting the setting aside of the default judgment.

Citation
[2021] EWHC 1853 (Comm)
Parties
Claimant: Mountain Ash Portfolio Limited (as Trustee of CF Structured Products BV); Defendant: Boris Tsibenovich Vasilyev
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Commercial Court Financial List Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under CPR 13.3
Outcome
Default judgment set aside; defendant granted permission to defend the claim.
Legal Topics
Default Judgment, Setting Aside Judgment, Forgery, Execution of Deeds, Limitation Period, Service of Process
Commercial Law Civil Procedure Default Judgment Setting Aside Judgment Forgery Execution of Deeds Limitation Period Service of Process

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Parties

Mountain Ash Portfolio Limited (as Trustee of CF Structured Products BV)

Claimant

Boris Tsibenovich Vasilyev

Defendant

Procedural Posture

Commercial Court Financial List Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under CPR 13.3

Legal Issues

  1. 1 Whether the defendant has a real prospect of successfully defending the claim under CPR 13.3(1)(a)
  2. 2 Whether there is a good reason to set aside the default judgment under CPR 13.3(1)(b)
  3. 3 Whether the guarantee was properly executed as a deed under English law

Ratio Decidendi

The defendant has shown a real prospect of successfully defending the claim on the basis that the guarantee was not executed as a deed in accordance with English law, as the witness evidence casts genuine doubt on whether the signatures were properly attested. This satisfies the threshold merits gateway under CPR 13.3(1)(a), warranting the setting aside of the default judgment.

Court Disposition

Default judgment set aside; defendant granted permission to defend the claim.

Orders

  • Default judgment dated 23 September 2020 set aside.
  • Defendant permitted to file and serve a defence.