Belton Massey v Kozub


Reference:
[2015] EWHC 2259 (QB)

Date:
28th July 2015

Court:
Queen’s Bench Division

Facts:

The claim is for unpaid fees on goods provided by the Claimant to the Defendant. The Claimant served the claim form and Particulars of Claim on the Defendant by the method instructed by the High Court’s Foreign Process Service and subsequently obtained judgment in default. The Defendant sought to set aside judgment on the grounds that, among other things, the Foreign Process Services’ methods did not comply with the relevant EU regulation.

 


Judge:
Master Fontaine

Comment:

Caley acted for the Claimant. The Court determined that the method of service directed by the Foreign Process Service was regulation compliant, but accepted that the Defendant had not in fact received the documents, and acceded to the application on that basis alone as ‘some other good reason’ for setting aside judgment in default.


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