Gunvor Belgium NV v KAAI 12 N.V. (formerly called Wiljo N.V.) [2015] EWHC 3150 (Comm)
[1]The Claimant served its Particulars of claim on 16 July 2015. The time under the CPR for the service of the Defendant’s Defence expired on 13 August 2015, but no defence had been served.[2]Accordingly, there is power under CPR 12.3(2) and 12.4(2)(a) for judgment to be entered in default of a defence because the relevant time to file a defence has expired.[3]In such cases a claimant is entitled to such judgment as it appears to be entitled to on its statement of case pursuant to CPR 12.11(1).[4]In this case the matters set out in the statement of case, as supported by a statement of truth, support an entitlement to the declarations sought by the Claimant.[5]However, this Court still has a discretion as to whether to grant relief by way of declarations, because there must be a good purpose to be served by granting such relief. In this case I am satisfied that there is a good purpose, and that the declarations sought will assist the Claimant in the Belgian Proceedings. I will therefore make the Order.[6]I will award the Claimant its costs to be paid by the Defendant, summarily assessed in the amount of £25,496.50.