[2025] EWHC 2107 (Comm)

The First and Second Defendants apply to set aside the default judgments pursuant to CPR rule 13.2 on the ground that the time for filing an acknowledgment of service has not expired, because the service on Law Debenture was not valid.

CPR rule 13.2 provides that:

“The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because -

(a)

in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b)

in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c)

the whole of the claim was satisfied before judgment was entered.”

The conditions referred to in CPR rule 13.2 include those set out in CPR rule 12.3(1):

“(1)

The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—

(a)

the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b)

the relevant time for doing so has expired.”

A relevant aspect of this application is whether the requirements of CPR rule 6.11 were complied with. CPR rule 6.11 provides that:

“(1)

Where –

(a)

a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and

(b)

a claim solely in respect of that contract is started, the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.

(2)

Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served –

(a)

if permission to serve it out of the jurisdiction has been granted under rule 6.36; or

(b)

without permission under rule 6.32 or 6.33.”