Regera SÀRL v Phillip Ean Cohen & Ors

Regera SÀRL v Phillip Ean Cohen & Ors

The Claimant did not prove on the balance of probabilities that the First and Second Defendants were parties to the Facility Agreement, and clause 40.2.2 was found to be an unfair contract term under the Consumer Rights Act 2015, rendering service of process on Law Debenture invalid. Therefore, the default judgments must be set aside under CPR rule 13.2.

Parties
Claimant: Regera S.À R. L; Defendant: Phillip Ean Cohen; Defendant: Maria Therese Valmorbida; Defendant: Zara Simon
Jurisdiction
England and Wales
Judgment Date
08 August 2025
Procedural Posture
Commercial Claim / Ruling on Applications to Set Aside Default Judgments
Outcome
Applications to set aside default judgments allowed
Legal Topics
Guarantees, Default Judgment, Service of Process, Unfair Contract Terms, Consumer Credit Legislation
Contract Law Consumer Protection Civil Procedure Guarantees Default Judgment Service of Process Unfair Contract Terms Consumer Credit Legislation

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Parties

Regera S.À R. L

Claimant

Phillip Ean Cohen

Defendant

Maria Therese Valmorbida

Defendant

Zara Simon

Defendant

Procedural Posture

Commercial Claim / Ruling on Applications to Set Aside Default Judgments

Legal Issues

  1. 1 Whether service of process on Law Debenture was valid under the Facility Agreement and CPR rule 6.11
  2. 2 Whether the First and Second Defendants were parties to the Facility Agreement
  3. 3 Whether clause 40.2.2 is an unfair contract term under the Consumer Rights Act 2015

Ratio Decidendi

The Claimant did not prove on the balance of probabilities that the First and Second Defendants were parties to the Facility Agreement, and clause 40.2.2 was found to be an unfair contract term under the Consumer Rights Act 2015, rendering service of process on Law Debenture invalid. Therefore, the default judgments must be set aside under CPR rule 13.2.

Court Disposition

Applications to set aside default judgments allowed

Orders

  • Default judgments against the First and Second Defendants set aside pursuant to CPR rule 13.2
  • No conditional order for payment into court imposed