ED & F Man Sugar Ltd v Lendoudis [2007] EWHC 2268 (Comm) (10 October 2007)

ED & F Man Sugar Ltd v Lendoudis [2007] EWHC 2268 (Comm) (10 October 2007)

Permission to amend claim form to enforce Greek judgment at common law is refused as it would circumvent proper procedure for service out of jurisdiction; summary judgment is denied due to unresolved limitation issues and uncertainty whether Greek judgment is a money judgment final and conclusive under English law.

Citation
[2007] EWHC 2268 (Comm)
Parties
Claimant: E D & F Man Sugar Ltd; Defendant: Kryton Lendoudis
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Commercial Court Application / Ruling on Applications to Set Aside Enforcement Order and Amend Claim
Outcome
Order of Steel J set aside; applications to amend claim form and for summary judgment refused.
Legal Topics
Enforcement of Foreign Judgments, Limitation Periods, Amendment of Pleadings, Service Out of Jurisdiction
Arbitration Civil Procedure Conflict of Laws Enforcement of Foreign Judgments Limitation Periods Amendment of Pleadings Service Out of Jurisdiction

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Parties

E D & F Man Sugar Ltd

Claimant

Kryton Lendoudis

Defendant

Procedural Posture

Commercial Court Application / Ruling on Applications to Set Aside Enforcement Order and Amend Claim

Legal Issues

  1. 1 Whether claimant can amend claim form to enforce Greek judgment at common law
  2. 2 Whether summary judgment should be granted for enforcement of Greek judgment
  3. 3 Whether limitation period bars enforcement action

Ratio Decidendi

Permission to amend claim form to enforce Greek judgment at common law is refused as it would circumvent proper procedure for service out of jurisdiction; summary judgment is denied due to unresolved limitation issues and uncertainty whether Greek judgment is a money judgment final and conclusive under English law.

Court Disposition

Order of Steel J set aside; applications to amend claim form and for summary judgment refused.

Orders

  • Order of Mr Justice David Steel dated 24 May 2007 set aside.
  • No permission granted to amend claim form.