Credit Agricole Indosuez v UNICOF Ltd. & Ors [2003] EWHC 77 (Comm) (04 February 2003)

Credit Agricole Indosuez v UNICOF Ltd. & Ors [2003] EWHC 77 (Comm) (04 February 2003)

The default judgment was set aside because the claim form was not served on SDV as required by the rules; service was not effected at all, making the judgment wrongly entered under CPR 13.2.

Citation
[2003] EWHC 77 (Comm)
Parties
Claimant: Credit Agricole Indosuez; Defendant: Unicof Limited; Defendant: Uneximp Limited; Defendant: Uneximp (T) Limited; Defendant: Josra Coffee Company Limited; Defendant: Hanif Moledina; Defendant: Ebrahim Moledina; Defendant: Karim Moledina; Defendant: Uneximp International LLC; Defendant: SDV Transami (Kenya) Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Commercial Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under CPR Part 13
Outcome
Default judgment set aside
Legal Topics
Default Judgment, Service of Process, Jurisdiction, Setting Aside Judgment
Civil Procedure Commercial Law Default Judgment Service of Process Jurisdiction Setting Aside Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Credit Agricole Indosuez

Claimant

Unicof Limited

Defendant

Uneximp Limited

Defendant

Uneximp (T) Limited

Defendant

Josra Coffee Company Limited

Defendant

Hanif Moledina

Defendant

Ebrahim Moledina

Defendant

Karim Moledina

Defendant

Uneximp International LLC

Defendant

SDV Transami (Kenya) Limited

Defendant

Procedural Posture

Commercial Claim (application to Set Aside Default Judgment) / Application to Set Aside Default Judgment Under CPR Part 13

Legal Issues

  1. 1 Whether default judgment should be set aside for lack of service under CPR 13.2
  2. 2 Whether there are reasonable prospects of defending the claim under CPR 13.3(1)(a)
  3. 3 Whether there is other good reason to set aside the judgment under CPR 13.3(1)(b)

Ratio Decidendi

The default judgment was set aside because the claim form was not served on SDV as required by the rules; service was not effected at all, making the judgment wrongly entered under CPR 13.2.

Court Disposition

Default judgment set aside

Orders

  • Default judgment against SDV Transami (Kenya) Limited set aside
  • Parties to be heard on the appropriate form of order and ancillary matters