Geoffrey Galley v Royal Forex Ltd

Geoffrey Galley v Royal Forex Ltd

The Defendant was properly served with the claim form and particulars of claim at its registered office in Cyprus by a licensed process server, in accordance with the Hague Service Convention and Cypriot law. The Defendant failed to file an acknowledgment of service or act promptly to set aside the default judgment. The application to set aside was not made promptly, no sufficient explanation for the delay was provided, and any procedural defects did not render the judgment irregular or cause prejudice. The Defendant's application to set aside the default judgment is dismissed.

Parties
Claimant: Geoffrey Galley; Defendant: Royal Forex Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Application to Set Aside Default Judgment
Outcome
Application to set aside default judgment dismissed
Legal Topics
Default Judgment, Service Out of Jurisdiction, Relief From Sanctions, Jurisdiction Challenge
Civil Procedure Commercial Law Default Judgment Service Out of Jurisdiction Relief From Sanctions Jurisdiction Challenge

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Parties

Geoffrey Galley

Claimant

Royal Forex Ltd

Defendant

Procedural Posture

Commercial / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment and subsequent damages order should be set aside under CPR 13.3 or CPR 13.2
  2. 2 Whether service of proceedings on the Defendant in Cyprus was valid under English and Cypriot law
  3. 3 Whether the Defendant's application to set aside was made promptly and with sufficient explanation for delay

Ratio Decidendi

The Defendant was properly served with the claim form and particulars of claim at its registered office in Cyprus by a licensed process server, in accordance with the Hague Service Convention and Cypriot law. The Defendant failed to file an acknowledgment of service or act promptly to set aside the default judgment. The application to set aside was not made promptly, no sufficient explanation for the delay was provided, and any procedural defects did not render the judgment irregular or cause prejudice. The Defendant's application to set aside the default judgment is dismissed.

Court Disposition

Application to set aside default judgment dismissed

Orders

  • Application to set aside default judgment is dismissed