Seyed Mohammad Ata Shobeiry v Kalpesh Patel

Seyed Mohammad Ata Shobeiry v Kalpesh Patel

The Defendant's application to vary the default judgment failed because it was not made promptly and did not meet the test for relief from sanctions. Although the judgment should have been expressed in AED, the Defendant's delay and lack of explanation for not acting sooner outweighed any injustice caused by the judgment being in sterling at a different exchange rate.

Parties
Claimant: Seyed Mohammad Ata Shobeiry; Defendant: Kalpesh Patel
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Debt Enforcement / Recognition of Foreign Judgment / Application to Vary Default Judgment
Outcome
Defendant's application to vary default judgment refused
Legal Topics
Default Judgment, Variation of Judgment, Currency of Judgment, Relief From Sanctions, Promptness in Applications, Recognition of Foreign Judgments
Civil Procedure Private International Law Debt Recovery Default Judgment Variation of Judgment Currency of Judgment Relief From Sanctions Promptness in Applications +1 more

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Parties

Seyed Mohammad Ata Shobeiry

Claimant

Kalpesh Patel

Defendant

Procedural Posture

Debt Enforcement / Recognition of Foreign Judgment / Application to Vary Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be varied to reflect the sum in AED rather than sterling
  2. 2 Whether the judgment sum contained double interest or applied the wrong exchange rate
  3. 3 Whether the application to vary was made promptly and if relief from sanctions should be granted

Ratio Decidendi

The Defendant's application to vary the default judgment failed because it was not made promptly and did not meet the test for relief from sanctions. Although the judgment should have been expressed in AED, the Defendant's delay and lack of explanation for not acting sooner outweighed any injustice caused by the judgment being in sterling at a different exchange rate.

Court Disposition

Defendant's application to vary default judgment refused

Orders

  • Application to vary default judgment refused
  • Default judgment stands as originally entered