F & M Bunkering Services Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) (23 November 2012)

F & M Bunkering Services Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) (23 November 2012)

Judgment set aside on condition that Defendant lodges £85,000 with solicitors within 28 days, as Defendant has a borderline defence and procedural errors do not bar Claimant's entitlement.

Citation
[2012] EWHC B26 (Comm)
Parties
Claimant: F & M Bunkering Ltd; Defendant: Nordik Navigation & Co LLP
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Application to Set Aside Default Judgment / Post Judgment, Interlocutory
Outcome
Judgment set aside on terms
Legal Topics
Default Judgment, Service of Process, Bunkering Contracts, Jurisdiction, Discretion to Set Aside Judgment
Civil Procedure Contract Law Default Judgment Service of Process Bunkering Contracts Jurisdiction Discretion to Set Aside Judgment

Case Brief

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Parties

F & M Bunkering Ltd

Claimant

Nordik Navigation & Co LLP

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Post Judgment, Interlocutory

Legal Issues

  1. 1 Whether the Defendant was properly served with proceedings
  2. 2 Whether procedural errors by Claimant's solicitors justify setting aside judgment
  3. 3 Whether Defendant has a sufficient defence to warrant setting aside judgment

Ratio Decidendi

Judgment set aside on condition that Defendant lodges £85,000 with solicitors within 28 days, as Defendant has a borderline defence and procedural errors do not bar Claimant's entitlement.

Court Disposition

Judgment set aside on terms

Orders

  • Defendant to lodge £85,000 with Messrs Brechers & Co within 28 days
  • Leave to defend granted