ED & F Man Sugar Ltd v Lendoudis

ED & F Man Sugar Ltd v Lendoudis

Permission to amend the claim form to enforce the Greek judgment at common law is refused as it would circumvent proper procedure for service out of jurisdiction and introduce a new cause of action after expiry of limitation. The Greek judgment does not clearly constitute a judgment for a definite sum of money, and summary judgment is inappropriate given unresolved limitation issues and conflicting expert evidence.

Parties
Claimant: E D & F Man Sugar Ltd; Defendant: Kryton Lendoudis
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Commercial Arbitration Enforcement / Ruling on Applications to Set Aside Enforcement Order and Amendment
Outcome
Order of Steel J set aside; amendment and summary judgment refused.
Legal Topics
Enforcement of Foreign Arbitral Awards, Limitation Periods, Service Out of Jurisdiction, Amendment of Pleadings, Public Policy
Commercial Law Arbitration Conflict of Laws Enforcement of Foreign Arbitral Awards Limitation Periods Service Out of Jurisdiction Amendment of Pleadings Public Policy

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Parties

E D & F Man Sugar Ltd

Claimant

Kryton Lendoudis

Defendant

Procedural Posture

Commercial Arbitration Enforcement / Ruling on Applications to Set Aside Enforcement Order and Amendment

Legal Issues

  1. 1 Whether the claimant can amend its claim form to enforce a Greek judgment at common law after expiry of limitation period
  2. 2 Whether the order of the Greek Court of First Instance constitutes a judgment for a definite sum of money
  3. 3 Whether summary judgment should be granted for enforcement of the Greek judgment

Ratio Decidendi

Permission to amend the claim form to enforce the Greek judgment at common law is refused as it would circumvent proper procedure for service out of jurisdiction and introduce a new cause of action after expiry of limitation. The Greek judgment does not clearly constitute a judgment for a definite sum of money, and summary judgment is inappropriate given unresolved limitation issues and conflicting expert evidence.

Court Disposition

Order of Steel J set aside; amendment and summary judgment refused.

Orders

  • Order of Mr Justice David Steel dated 24th May 2007 is set aside.
  • Permission to amend the claim form is refused.