Gulf International Bank BSC v Ekttitab Holding Company KSCC & Anor [2010] EWHC B30 (Comm) (15 November 2010)

Gulf International Bank BSC v Ekttitab Holding Company KSCC & Anor [2010] EWHC B30 (Comm) (15 November 2010)

Default judgment was obtained in breach of mandatory procedural rules (CPR Part 6.17(2) and 7.8(1)), particularly failure to serve response pack, which prejudiced unrepresented foreign defendants; court's discretion exercised to set aside judgment to avoid injustice.

Citation
[2010] EWHC B30 (Comm)
Parties
Claimant: Gulf International Bank B. S. C; Defendant: Ekttitab Holding Company K. S. C. C; Defendant: Al Madina
Jurisdiction
England and Wales
Judgment Date
15 November 2010
Procedural Posture
Commercial Debt Claim / Application to Set Aside Default Judgment
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Setting Aside Judgment, CPR Compliance, Islamic Finance Facility, Debt Recovery
Civil Procedure Commercial Law Default Judgment Setting Aside Judgment CPR Compliance Islamic Finance Facility Debt Recovery

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Parties

Gulf International Bank B. S. C

Claimant

Ekttitab Holding Company K. S. C. C

Defendant

Al Madina

Defendant

Procedural Posture

Commercial Debt Claim / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether default judgment should be set aside for technical breaches of CPR
  2. 2 Compliance with CPR Part 6.17(2) and CPR Part 7.8(1)
  3. 3 Adequacy of pre-action protocol compliance

Ratio Decidendi

Default judgment was obtained in breach of mandatory procedural rules (CPR Part 6.17(2) and 7.8(1)), particularly failure to serve response pack, which prejudiced unrepresented foreign defendants; court's discretion exercised to set aside judgment to avoid injustice.

Court Disposition

Default judgment set aside

Orders

  • Parties to attend Commercial Court within seven days to fix hearing date in January 2011 (estimate one day, half-day reading)
  • Time allowed for ADR before hearing