Magdalena Gallani (Deceased) & Anor v Juan Sartori & Ors

Magdalena Gallani (Deceased) & Anor v Juan Sartori & Ors

Default judgment was entered irregularly because the acknowledgment of service was filed before the judgment was sealed. Therefore, the conditions for default judgment under CPR 12.3(1)(a) were not satisfied, and the judgment must be set aside. Even if judgment had been regular, the defendant demonstrated a real prospect of defending the claim and acted promptly, justifying relief from sanctions.

Parties
Claimant: Magdalena Galliani (Deceased); Claimant: Olivier Bouthillier de Beaumont; Defendant: Juan Sartori; Defendant: Union Group International Holdings Limited; Defendant: Oscar Léon
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Application to Set Aside Default Judgment and for Relief From Sanctions
Outcome
Default judgment set aside; no order on application to vary previous order; further submissions invited on consequential matters.
Legal Topics
Default Judgment, Relief From Sanctions, Misrepresentation, Jurisdiction, Limitation
Civil Procedure Commercial Law Default Judgment Relief From Sanctions Misrepresentation Jurisdiction Limitation

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Parties

Magdalena Galliani (Deceased)

Claimant

Olivier Bouthillier de Beaumont

Claimant

Juan Sartori

Defendant

Union Group International Holdings Limited

Defendant

Oscar Léon

Defendant

Procedural Posture

Commercial / Application to Set Aside Default Judgment and for Relief From Sanctions

Legal Issues

  1. 1 Whether default judgment was entered irregularly under CPR 12.3(1)(a)
  2. 2 Whether relief from sanctions and extension of time for acknowledgment of service should be granted
  3. 3 Whether the defendant has a real prospect of successfully defending the claim

Ratio Decidendi

Default judgment was entered irregularly because the acknowledgment of service was filed before the judgment was sealed. Therefore, the conditions for default judgment under CPR 12.3(1)(a) were not satisfied, and the judgment must be set aside. Even if judgment had been regular, the defendant demonstrated a real prospect of defending the claim and acted promptly, justifying relief from sanctions.

Court Disposition

Default judgment set aside; no order on application to vary previous order; further submissions invited on consequential matters.

Orders

  • Default judgment against Mr. Sartori set aside
  • No order on application to vary order of HH Judge Pelling KC dated 23 October 2023