Cunico Resources NV & Ors v Daskalakis & Anor [2018] EWHC 3382 (Comm) (07 December 2018)

Cunico Resources NV & Ors v Daskalakis & Anor [2018] EWHC 3382 (Comm) (07 December 2018)

CPR 12.3(1) is to be construed as requiring that, at the time judgment is to be entered, the defendant has not filed an acknowledgment of service or defence; a late-filed acknowledgment of service, if filed before judgment is entered, precludes default judgment unless and until it is set aside. The third meaning advanced by the applicant is rejected. The application for default judgment fails.

Citation
[2018] EWHC 3382 (Comm)
Parties
Claimant: Cunico Resources NV; Claimant: Cunico Marketing FZE; Claimant: Feni Industries AD; Defendant: Konstantinos Daskalakis; Defendant: Arvind Mundhra
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Commercial Court Claim / Interlocutory Applications: Default Judgment and Extension of Time for Acknowledgment of Service
Outcome
Application for default judgment refused; application for extension of time for acknowledgment of service granted.
Legal Topics
Default Judgment, Acknowledgment of Service, Jurisdiction Challenge, Civil Procedure Rules (cpr) Interpretation
Civil Procedure Commercial Law Default Judgment Acknowledgment of Service Jurisdiction Challenge Civil Procedure Rules (cpr) Interpretation

Case Brief

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Parties

Cunico Resources NV

Claimant

Cunico Marketing FZE

Claimant

Feni Industries AD

Claimant

Konstantinos Daskalakis

Defendant

Arvind Mundhra

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications: Default Judgment and Extension of Time for Acknowledgment of Service

Legal Issues

  1. 1 Whether a late-filed acknowledgment of service precludes default judgment under CPR 12.3(1)
  2. 2 Proper construction of CPR 12.3(1) regarding timing and effect of acknowledgment of service
  3. 3 Whether relief from sanctions or extension of time is required for a late acknowledgment of service to be effective for jurisdictional challenge

Ratio Decidendi

CPR 12.3(1) is to be construed as requiring that, at the time judgment is to be entered, the defendant has not filed an acknowledgment of service or defence; a late-filed acknowledgment of service, if filed before judgment is entered, precludes default judgment unless and until it is set aside. The third meaning advanced by the applicant is rejected. The application for default judgment fails.

Court Disposition

Application for default judgment refused; application for extension of time for acknowledgment of service granted.

Orders

  • Marketing's application for default judgment against Mr Daskalakis is dismissed.
  • Mr Daskalakis is granted a retrospective extension of time for filing acknowledgment of service.