MERCHANT INTERNATIONAL CO LTD V NATSIONALNA AKTSIONERNA KOMAPNIYA NAFTOGAZ

[2012] EWCA Civ 196, Court of Appeal, Lord Neuberger MR, Lord Justice Hooper and Lord Justice Toulson, 29 February 2012

Conflict of laws - Recognition of foreign judgment - Setting aside default judgment - CPR Parts 12 and 13

MIC commenced proceedings to enforce a contractual debt of US$24,719,564 established by a judgment of the Supreme Commercial Court of Ukraine (SCCU) against Naftogaz. Default judgment was given by the Commercial Court. Subsequently, Naftogaz applied to the SCCU to set aside its previous ruling so that there could be a new trial on the question of MIC's authority to enter into the agreement, and Naftogaz then applied to the Commercial Court under CPR Parts 12 and 13 to set aside the English default judgment.