The United Kingdom Hydrographic Office v Samyung Enc Co Limited

The United Kingdom Hydrographic Office v Samyung Enc Co Limited

Persistent and serious breaches of disclosure orders by Samyung, without good reason and with evidence of deliberate non-compliance, justify the sanction of striking out the Points of Defence and entry of judgment in the sums claimed by UKHO. The court has discretion to enter judgment for a quantified sum as a consequence of strike out, and to prospectively authorise alternative service to prevent further delay. Costs are awarded on an indemnity basis due to Samyung's unreasonable conduct.

Parties
Claimant: THE UNITED KINGDOM HYDROGRAPHIC OFFICE; Defendant: SAMYUNG ENC CO LIMITED
Jurisdiction
England and Wales
Judgment Date
02 April 2026
Procedural Posture
Inquiry as to Quantum of Damages for Breach of Contract / Ruling on Unless Order and Related Applications
Outcome
Unless Samyung provides Extended Disclosure by 13 February 2026, its Points of Defence will be struck out and judgment entered for UKHO in the sum claimed, with interest and costs.
Legal Topics
Disclosure, Strike Out, Relief From Sanctions, Alternative Service, Costs, Cross Border Insolvency
Civil Procedure Contract Law Insolvency Disclosure Strike Out Relief From Sanctions Alternative Service Costs +1 more

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Parties

THE UNITED KINGDOM HYDROGRAPHIC OFFICE

Claimant

SAMYUNG ENC CO LIMITED

Defendant

Procedural Posture

Inquiry as to Quantum of Damages for Breach of Contract / Ruling on Unless Order and Related Applications

Legal Issues

  1. 1 Whether striking out the Points of Defence is an appropriate sanction for persistent breach of disclosure orders
  2. 2 Whether judgment should be entered in the sum claimed by UKHO as a consequence of strike out
  3. 3 Whether alternative service should be prospectively authorised

Ratio Decidendi

Persistent and serious breaches of disclosure orders by Samyung, without good reason and with evidence of deliberate non-compliance, justify the sanction of striking out the Points of Defence and entry of judgment in the sums claimed by UKHO. The court has discretion to enter judgment for a quantified sum as a consequence of strike out, and to prospectively authorise alternative service to prevent further delay. Costs are awarded on an indemnity basis due to Samyung's unreasonable conduct.

Court Disposition

Unless Samyung provides Extended Disclosure by 13 February 2026, its Points of Defence will be struck out and judgment entered for UKHO in the sum claimed, with interest and costs.

Orders

  • Samyung must provide Extended Disclosure and confirmatory witness statement by 13 February 2026.
  • If not complied with, Points of Defence struck out, judgment for UKHO in £61,716,516.09 plus £28,858,502.96 interest, and £235,000 on account of costs.