The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure Rules. An initial two week period had been set by the German Court, but extended to five weeks, in effect two weeks after delivery of notice of the proceedings. The defendant was absent on holiday when the proceedings were served, and he argued that that should have been taken as exceptional reasons for extending the time allowed for answering the claim.
Held: The needs to simplify registration of judgements abroad, and to safeguard those served with notice of proceedings commenced in a foreign court had to be balanced. The court should test the question of sufficient time against the full facts, and not merely enter judgement because there has been a default of appearance. The crucial time was the entire period up to judgement being entered. The appeal was dismissed, and reference to European Court refused.
courtcommentary.com For purposes of article 27(2) of Brussels Convention (service ‘in sufficient time’ to enable party, against whom enforcement is sought, to arrange for defence), the relevant period of time begins with due service and ends with issue of default judgment
Lord Justice Robert Walker, Lord Justice Rix, And, Lord Justice Dyson
Times 20-Feb-2002, Gazette 15-Mar-2002, [2002] EWCA Civ 11, [2002] 1 WLR 2459, [2002] 1 All ER (Comm) 282
Bailii
Civil Jurisdiction and Judgments Act 1982, Access to Justice Act 1999, Civil Procedure Rules, Brussels Convention 1968 27(2)
England and Wales
Citing:
Cited – Klomps v Michel ECJ 16-Jun-1981
The words ‘the document which instituted the proceedings’ contained in article 27, point 2, of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters cover any document, such as the order . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Civil Procedure Rules, European
Updated: 01 January 2022; Ref: scu.167467