DVB Bank SE v Isim Amin Ltd & Anor [2014] EWHC 2156 (Comm) (09 May 2014)

DVB Bank SE v Isim Amin Ltd & Anor [2014] EWHC 2156 (Comm) (09 May 2014)

Service of process on the nominated agent, even while in liquidation and prior to being struck off, constitutes good service under the contract and CPR Part 6.11, entitling the claimant to default judgment.

Citation
[2014] EWHC 2156 (Comm)
Parties
Claimant: DVB Bank SE; Defendant: ISIM AMIN Limited & Anr
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Commercial Claim (loan Agreement) / Application for Default Judgment
Outcome
Default judgment granted for the claimant.
Legal Topics
Default Judgment, Service of Process, Loan Agreements
Commercial Law Civil Procedure Default Judgment Service of Process Loan Agreements

Case Brief

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Parties

DVB Bank SE

Claimant

ISIM AMIN Limited & Anr

Defendant

Procedural Posture

Commercial Claim (loan Agreement) / Application for Default Judgment

Legal Issues

  1. 1 Whether service of process on a process agent in liquidation constitutes good service for default judgment purposes

Ratio Decidendi

Service of process on the nominated agent, even while in liquidation and prior to being struck off, constitutes good service under the contract and CPR Part 6.11, entitling the claimant to default judgment.

Court Disposition

Default judgment granted for the claimant.

Orders

  • Default judgment to be entered for the claimant.