YA II PN Ltd v Frontera Resources Corporation

YA II PN Ltd v Frontera Resources Corporation

Service was not validly effected at the specified addresses or in compliance with US law, but retrospective validation is granted under CPR 6.15 due to Frontera's awareness and lack of prejudice; default judgment must be set aside and a new period for acknowledgment of service set.

Parties
Claimant: YA II PN LTD; Defendant: Frontera Resources Corporation
Jurisdiction
England and Wales
Judgment Date
26 May 2021
Procedural Posture
Commercial Claim / Application to Set Aside Default Judgment and Cross Application to Validate Service
Outcome
Default judgment set aside; service retrospectively validated; new period for acknowledgment of service set.
Legal Topics
Default Judgment, Service Out of Jurisdiction, Retrospective Validation of Service, Hague Service Convention
Civil Procedure International Service of Process Default Judgment Service Out of Jurisdiction Retrospective Validation of Service Hague Service Convention

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Parties

YA II PN LTD

Claimant

Frontera Resources Corporation

Defendant

Procedural Posture

Commercial Claim / Application to Set Aside Default Judgment and Cross Application to Validate Service

Legal Issues

  1. 1 Whether service of the claim form was valid under the court order and US law
  2. 2 Whether default judgment was properly entered
  3. 3 Whether retrospective validation of service should be granted

Ratio Decidendi

Service was not validly effected at the specified addresses or in compliance with US law, but retrospective validation is granted under CPR 6.15 due to Frontera's awareness and lack of prejudice; default judgment must be set aside and a new period for acknowledgment of service set.

Court Disposition

Default judgment set aside; service retrospectively validated; new period for acknowledgment of service set.

Orders

  • Service on Mr Bono on 2 March 2020 retrospectively validated under CPR 6.15.
  • Default judgment dated 20 April 2020 set aside.