Maritime Developments Limited v Hindustan Oil Exploration Company Limited

Maritime Developments Limited v Hindustan Oil Exploration Company Limited

The requirements of Article 15(2) of the Hague Service Convention are satisfied: the claim form was transmitted by the prescribed method, more than six months have elapsed, and every reasonable effort has been made to obtain the certificate of service. Therefore, default judgment is appropriate. Interest is awarded at 3% above the Bank of England base rate until judgment, then at the judgment rate.

Parties
Claimant: Maritime Developments Limited; Defendant: Hindustan Oil Exploration Company Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim (contract) / Application for Default Judgment
Outcome
Default judgment for the claimant
Legal Topics
Default Judgment, Service of Process, Jurisdiction, Interest on Judgment Debt
Commercial Law Civil Procedure Default Judgment Service of Process Jurisdiction Interest on Judgment Debt

Case Brief

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Parties

Maritime Developments Limited

Claimant

Hindustan Oil Exploration Company Limited

Defendant

Procedural Posture

Commercial Claim (contract) / Application for Default Judgment

Legal Issues

  1. 1 Whether default judgment can be entered where no certificate of service has been received under the Hague Service Convention Article 15(2)
  2. 2 Whether every reasonable effort has been made to obtain the certificate of service
  3. 3 Appropriate rate of interest to award on the judgment debt

Ratio Decidendi

The requirements of Article 15(2) of the Hague Service Convention are satisfied: the claim form was transmitted by the prescribed method, more than six months have elapsed, and every reasonable effort has been made to obtain the certificate of service. Therefore, default judgment is appropriate. Interest is awarded at 3% above the Bank of England base rate until judgment, then at the judgment rate.

Court Disposition

Default judgment for the claimant

Orders

  • Judgment for the claimant in the sum of £781,611
  • Interest at 3% above Bank of England base rate from 16 November 2021 until judgment, then at 8% judgment rate